A GUY'S VIEW
Last week I dealt with the law’s treatment of dogs. This week I will examine how other domesticated animals are treated. This relates primarily to livestock.
Dogs are not the only animals that run into conflict with humans at times. The animals we have domesticated and brought into our space sometimes forget to abide by our rules and cause damage of a different nature from that caused by vicious dogs.
Farmers often complain about the damage done to their livestock, mainly from dogs or thieves. At times, livestock may also cause damage.
It is best to have farm lands that cater to animals fully enclosed, especially in a country where there is little distance between the farmer and the non-farming neighbour. Where this is not the case, animals are likely to stray from their farm onto neighbouring lands. There is also the possibility that unwelcomed visitors, whether on two feet or four, may visit farm lands.
Trespassing dogs pose a different danger from wandering cattle, hence, the defences available to the person onto whose land livestock stray are different from what may be employed to defend life and livestock against a dangerous dog.
The Animals (Civil Liability) Act, Cap. 194A speaks to cattle and other domesticated animals as effectively as it does to dogs. Its provisions reflect an understanding of the problems faced by land owners in relation to straying animals, while prescribing a solution that meets the needs of all concerned.
In relation to liability of the owner of stray animals, section 5 states:
(1) Where livestock belonging to any person trespasses on to land in ownership, occupation or control of another and
(a) damage is done by the livestock to the land or to any property on it which is in the ownership, possession or control of the other person; or (b) any expenses are reasonably incurred by that other person in keeping the livestock while it cannot be restored to the person to whom it belongs or while it is detained in accordance with section 7, or in ascertaining to whom it belongs, the person to whom the livestock belongs is liable for the damage or expense thereby incurred.
Clearly, it is not acceptable for one’s livestock to go onto neighbouring lands and cause damage to anything on those lands. The owner of such lands would be entitled to claim compensation for such damage. He may also be entitled to recover any expenses associated with having to suffer a foray of this nature.
There is no right to defend, as is the case with stray dogs. It is unlikely that trespassing sheep or cows would pose a threat to the life of a person or other animals on the lands. The nature of the potential threat or damage warrants a response that is appropriate.
The appropriate response is in subsections (2) and (3) of the said section 5:
(2) A person whose land is damaged by livestock shall summon a Justice of the Peace for the purpose of appraising the damage and expense, if any, incurred.
(3) Damage appraised by a Justice of the Peace is of no effect unless it is in writing and signed by that Justice of the Peace.
(4) For the purposes of this section
(a) livestock belongs to the person who has possession thereof;
(b) “livestock” means cattle, horses, asses, mules, sheep, pigs, goats and poultry; and
(c) “poultry” means fowls, turkeys, geese, ducks, guinea-fowls, pigeons and peacocks.
The appropriate response in the case of damage done by livestock is to obtain an independent assessment of the damage (hence the Justice of the Peace) and seek compensation for the damage done. In this way, although there may have been some inconvenience incurred, the owner of the damaged land suffers little real loss.
The process of recovery is further set out in section 7 of the Act. It is self-explanatory:
7. (1) Where any livestock trespasses on any land and is not then under the control of any person, the occupier of the land may detain it, subject to subsection (2), unless ordered to release it by the court.
(2) Where any livestock is detained under this section the right to detain it ceases
(a) at the end of a period of 48 hours, unless within that period written notice of the detention has been given to the officer in charge of the police station in the district and, if the person detaining the livestock knows to whom it belongs, to that person; or
(b) when such amount is tendered to the person detaining the livestock as is sufficient to satisfy any claim he may have under section 5 in respect of the livestock; or
(c) if he has no such claim, when the livestock is claimed by a person entitled to its possession.
(3) Where a person specified in section 5(1) is claiming compensation in respect of damage done by livestock and the detention of the livestock exceeds 14 days, he may cause such livestock to be sold in accordance with section 12, unless proceedings are pending for the return of the livestock or for any claim under section 5 in respect thereof.
(4) A person detaining any livestock under this section is liable for any damage caused to it by a failure to treat it with reasonable care and supplying it with adequate food and water while it is so detained.
(5) References in this section to a claim under section 5 in respect of any livestock do not include any claim under that section for damage done by or expenses incurred in respect of the livestock before the trespass in connection with which it is detained under this section.
(6) The common law remedy of distress damage feasant is hereby abolished.
Distress damage feasant is a self-help common law remedy that allows a person in possession of land to impound a chattel which is wrongfully on his land so as to secure payment of compensation for damage caused. This self-help remedy is no longer available to a landowner.