Meyer's Trustee v Malan [1911] ZATPD 93 (21 June 1911)

Evidence - Hostile Witness - Right of Party to Cross-examine his own Witness - Improvements - Right of Bona fide Possessor - Removal or Compensation - When Right arises

To entitle a party to cross-examine a witness called by him, such witness must, in the opinion of the Court, be proved to be adverse. An allegation that the witness, on a previous occasion, has made a statement inconsistent with his present testimony, is immaterial to prove that he is adverse. This fact can only be proved from his demeanour in the box, his position towards, or relationship to, the party calling him and the general circumstances of the case.

If improvements, made by a bona fide possessor, can be separated from the land, and the owner would probably not have incurred the expenditure on them, and is willing to allow the said possessor to remove them, such possessor is entitled only to remove them, and not to receive any compensation.The right of a bona fide possessor as against the owner in respect of improvements only arises when the owner demands the right of possession.