By Melisa Munzvandi
A claim for a missing cow valued at US$300 has been dismissed after the court found no proof of negligence or unjust enrichment on partbof the respondent.
The case was heard before Provincial Magistrate Mbonisi Kaweni.
Pineas Mapiye was the respondent, while Sylvester Maphosa was the applicant.
Maphosa told the court that he had entrusted his cow to Mapiye in 2024 under an agreement that he would collect it after it had calved.
He said when he requested the beast in 2025, it was not released to him.
“In 2025 I requested my cow and I was not given it. I went back to him and told him that I have not collected my cow, he should replace it,” Maphosa said.
He said the beast had been branded after they met at a cattle sale. Mapiye, he said, insisted on keeping it because it had a young calf which was difficult to look after.
The cow was valued at US$300.
“I will give him back his money if I get the cow back. He agreed to give me another cow after it went missing but he has changed his mind,” he said.
He said he was now seeking a time frame for the recovery of the beast.
In response, Mapiye told the court that he was the one who had sold the cow to Maphosa and had agreed to keep it on his behalf.
He said the cow strayed in December 2024 during a drought.
“There was drought and a herd of five cows strayed and his was part of the herd. I looked for them and got three but his is still missing alongside mine,” Mapiye said.
The magistrate questioned the legal basis of the claim.
“If the beast strayed, how do you want him to replace it? Were you paying him for taking care of it? If you claim 300 today and then you get the beast back what happens?” Magistrate Kaweni asked.
The court noted that there was no contract of payment and that Mapiye was not benefiting from the arrangement.
“There was no contract for him to take care of the cow or you give him something in return because he was getting nothing out of the agreement but a promise you made,” Magistrate Kaweni said.
“Which law are you using for the claim? Did he benefit from the cow? Is there proof that there was negligence which could have happened in your care?”
In its judgement, the court found that the matter was based on morals rather than law.
“There is no proof of negligence or enrichment from Mapiye but rather out of morals. The applicant (Maphosa) has no merits, therefore the application for claims is hereby dismissed,” Magistrate Kaweni ruled.