Case No. 2794/99
Plaintiff Mr. Magagula
Defendant Mr. Nzima
dispute rages over possession of certain cattle. The parties have
been to court on numerous occasions but the ultimate was when the
present applicant who was then in possession of the cattle was
deprived of such possession under what purported to be an order of
court. It appears that the deputy sheriff removed the cattle from the
applicant's possession and handed them over to the respondent. There
appears to be no order of court in any of the files which I have seen
which authorised the deputy sheriff to do that. Furthermore no writ
has been produced in terms of which the seizure and transfer of the
cattle was to take place.
accordingly order that the seizure of the cattle be set aside and
that the cattle in question be returned to the applicant forthwith.
This order carries a costs order in favour of the applicant.