Gafoor v Rajack [1915] ZATPD 79 (6 October 1915)

Landlord and tenant.-Ejectment.-Action for recovery of rent. No Property found.-Proclaimation 21 of 1902, sec. 25.

In an action for recovery of rent and for ejectment under sec. 25 of the Magistrate's Court Proclamation the summons alleged that the defendant had no
property on the premises let or elsewhere against which execution could belevied. The only evidence led was to the effect that the defendant 'had no property on the premises. Held, on appeal, that in the absence of proof that,the defendant had no property on the premises or elsewhere the magistrate could not grant an order for ejectment under the section.