Schoonwinkel v Swart's Trustee [1911] ZATPD 67 (18 May 1911)

Appeal - Magistrate's Court - Grounds - Weight of Evidence

Though in an appeal from a decision of a Magistrate the Court does not lightly interfere with his findings of fact, it does not treat such findings as conclusive and, when the Magistrate's findings clearly lead to injustice, the Court will upset them. In considering such findings the Court will be influenced by the probabilities, the onus of proof, the character of the witnesses, the effect of the finding on the reputation of the defeated party, and the nature of the Magistrate' s reasons for his decision.