On whether the plaintiff’s cattle were unlawfully confiscated by the police officer, court concluded that the plaintiff had proved on the balance of probabilities that 160 heads of cattle were removed from his Kraal out of which only seven were recovered.

Court considered Whether the police officer was acting in the course of her employment when she confiscated the cattle and Whether the defendant was vicariously liable for the actions.

It was held that the police team was clearly in the course of their employment except that they exceeded their authority.  Therefore the  defendant was vicariously liable for the acts they did on the plaintiff’s farm: