Duo wants 864 cattle or E8.2m from herder family

MBABANE – Two women are demanding a herd of 864 cattle or E8.2 million from a family that was keeping their late mother’s bovines during her lifetime through the kusisa practice.

Kusisa is a practice where a person requests another to keep his or her cattle, sometimes for purposes of breeding or upkeep.

The daughters in the estate of the late Mary Magdalene Bennett are Beatrice Bernice Chambers of Fairview in Manzini and Mary Robertson Chambers, who is a permanent resident of the United Kingdom. They are the plaintiffs in the matter.

Defendants are Eunice Bennett, Mfundo Bennett and the master of the High Court.

In their application, the defendants narrated to the court that during the month of January 1976, the late Mary Magdalene Bennett, who is their biological mother, sisaed a herd of 20 cattle to one Ben Bennett, who was the biological father of the defendants. According to the applicants, the herd of cattle was purportedly removed from Swancu Dip Tank to Scunduma Dip Tank.

These are allegations contained in particulars of claim whose veracity is still to be tested in court

“One cow died and another was taken by the plaintiffs, leaving a total number of 18 cattle,” submitted the plaintiffs. According to the plaintiffs, the herd of cattle was erroneously inherited by the defendants by virtue of the farm bequeathed to them by their late mother Florence Falabo Bennett, who allegedly inherited it from the late Ben, who passed on during the year 2016. It was further the plaintiffs’ contention that the cattle formed part of his estate which was inherited by his spouse, who unfortunately died in 2021.

Refused

“The defendants have acknowledged the existence of the matter, however, they refused and/or neglected a request to hand back the cattle belonging to the plaintiffs’ mother,” submitted the plaintiffs.

They contended that, in the circumstances, they (plaintiffs) were entitled to be refunded a herd of 18 cattle, inclusive of its progeny from year 1976 to date of payment, assuming that a cow gives birth at least one cow per year (47 years x 18 cows) = 846 cattle or alternatively the value thereof being 864 cattle x E9 500 value per cow.

The plaintiffs want the court to direct the defendants to return the 18 cattle inclusive of their progeny, making a total of 864 cattle.

“Repayment of the value of 864 cattle assuming each cow is valued E9 500, the total of E8 208 000,” contended the plaintiffs. The matter is still pending at the High Court and the defendants are yet to file their papers in the event they are against the granting of the orders being sought by the plaintiffs.

The plaintiffs are represented by lawyers from SM Dlamini.