News / Regional
Woman ordered to compensate brother for dead donkeys
14 May 2015 at 07:00hrs | Views
A NYAMANDLOVU woman who was dragged to court by her brother over his three donkeys she claimed had died while in her custody has been ordered to compensate him.
Magistrate Victor Mpofu made the ruling after two villagers identified only as Darlington and Mlungisi testified in the matter.
Mlungisi said when she told Thenjiwe Sibanda that her brother Henry Tshuma was demanding his donkeys back for resale, the woman agreed to that and never indicated that they had died.
"When the donkeys were bought and the owner was demanding them, she went to report us to the police saying we had stolen the donkeys. When I confronted her on why she got us arrested, she told me that she did not like that I was now selling the donkeys without telling her while they were under her custody," said Mlungisi.
"I didn't know what arrangement was made between the two of them but the thing is Tshuma had put me in charge of selling the donkeys."
Darlington told the court that Sibanda had offered to repay Tshuma for the donkeys but Tshuma refused to take the money.
Magistrate Mpofu ordered Sibanda to give her brother his donkeys back.
"The issue that I'm seeing here is that it's now difficult for you to let go of the donkeys because they were under your custody. It's now painful to you that the donkeys have to leave your kraal," said the magistrate.
Last week Tshuma told magistrate Mpofu that he gave three donkeys to Sibanda for safe-keeping but she was dilly-dallying about handing them back to him.
Sibanda disputed her brother's account.
She told the magistrate that Tshuma gave money to her then ailing husband to cover medical bills before he died and received a donkey in return. She said the donkeys later multiplied to three, but had since all died.
"Your Worship, before my husband died he fell sick. My brother assisted us with R600. When my husband recovered, he gave him a small foal of a donkey," Sibanda said.
"The foal grew up and had two more. When they were now three, there was a disease outbreak and they were all affected, leading to their death. The donkeys that he's claiming now are mine not his because his were killed during the disease outbreak."
Magistrate Victor Mpofu made the ruling after two villagers identified only as Darlington and Mlungisi testified in the matter.
Mlungisi said when she told Thenjiwe Sibanda that her brother Henry Tshuma was demanding his donkeys back for resale, the woman agreed to that and never indicated that they had died.
"When the donkeys were bought and the owner was demanding them, she went to report us to the police saying we had stolen the donkeys. When I confronted her on why she got us arrested, she told me that she did not like that I was now selling the donkeys without telling her while they were under her custody," said Mlungisi.
"I didn't know what arrangement was made between the two of them but the thing is Tshuma had put me in charge of selling the donkeys."
Darlington told the court that Sibanda had offered to repay Tshuma for the donkeys but Tshuma refused to take the money.
"The issue that I'm seeing here is that it's now difficult for you to let go of the donkeys because they were under your custody. It's now painful to you that the donkeys have to leave your kraal," said the magistrate.
Last week Tshuma told magistrate Mpofu that he gave three donkeys to Sibanda for safe-keeping but she was dilly-dallying about handing them back to him.
Sibanda disputed her brother's account.
She told the magistrate that Tshuma gave money to her then ailing husband to cover medical bills before he died and received a donkey in return. She said the donkeys later multiplied to three, but had since all died.
"Your Worship, before my husband died he fell sick. My brother assisted us with R600. When my husband recovered, he gave him a small foal of a donkey," Sibanda said.
"The foal grew up and had two more. When they were now three, there was a disease outbreak and they were all affected, leading to their death. The donkeys that he's claiming now are mine not his because his were killed during the disease outbreak."
Source - chronicle
