8Proceedings alternative to replevin

8 Proceedings alternative to replevin

(1)  [Section 8 Subsection (1) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998] Within 7 days after any payment has been made under protest, as provided by section 7 , the owner of the animal in respect of which the payment was made may proceed to dispute–

(a) the amount of the fees, charges, or damages claimed in respect of the animal; or

(b) the legality of the impounding–

by way of action under the Magistrates Court (Civil Division) Act 1992 .

(2)  The person to whom payment was made shall be a defendant in an action under this section and where the plaintiff disputes the legality of the impounding the person impounding the animal shall also be a defendant.

(3)  *[Section 8 Subsection (3) amended by No. 55 of 1965, s. 5 ]*If on the hearing of the action the court is satisfied –

(a) that the amount of the fees, charges, and damages demanded in respect of the animal is excessive, it may –

(i) assess the amount of the fees, charges, and damages due; and

(ii) order the repayment to the owner of the animal of any amount paid in excess of the amount so assessed; and

(b) that the impounding was unlawful, it may order –

(i) the repayment to the owner of the fees, charges, and damages paid by him;

(ii) the payment of any such fees, charges, and damages to the poundkeeper by the person impounding the animal; and

(iii) the payment to the owner by the person impounding the animal of such compensation, not exceeding $60, as the court thinks fit.

(4)  The court may hear and determine the action, notwithstanding that the amount in dispute exceeds the limits of its jurisdiction.