Aloice Matanda v. Samanya Ngapanyi, (PC) Civ. App. 91-A-66, 7/9/68, Platt J.

Aloice Matanda v. Samanya Ngapanyi, (PC) Civ. App. 91-A-66, 7/9/68, Platt J.

Plaintiff sued defendant in Primary Court for damages resulting when defendant’s cattle trespassed on plaintiff’s cultivated land. In addition to damages for the destruction of his crops, plaintiff was awarded Shs. 190/- for keeping one of the cows for 190 days.

            Held: (1) The Primary Court has referred to no customary law on the matter and it seems that general law is applicable. (2) Under s. 8, Animals (Pounds) Ordinance, Cap. 154, a land owner or occupier may seize a poundable animal, such as a cow, which has trespassed on cultivated land, but the animal must be delivered to the pound within four days or be returned to its owner. Thus, plaintiff not only cannot recover for keeping the animal but laid himself open to criminal liability under s. 15. (3) The Primary Court did not have jurisdiction to hear the claim for the cost of keeping the cow since customary laws was not applied. The Court stated, obiter, that even if customary law on this matter had existed, it may have been superseded by the Ordinance. [Citing ss. 9(3), 4 Judicature and Application of Laws Ordinance, Cap. 453].