133Damages

133 Damages

*[Section 133 Amended by No. 60 of 1971, s. 5 ]*If the plaintiff in an action subject to this Part claims as damages the amount of a penalty or sum of money levied or paid under the conviction or order, or seeks to recover damages in respect of imprisonment suffered by him thereunder, and it is proved –

(a) that he was guilty of the offence of which he was convicted, or that he was liable by law to pay the sum he was ordered to pay; and

(b) that the imprisonment, if any, so suffered by him was no greater than the punishment assigned by law for the offence of which he was convicted, or for non-payment of the sum he was ordered to pay –

he is not entitled to recover the amount of the penalty or sum so levied or paid or any sum as damages for the imprisonment or any costs.