LEGAL WRANGLING, Barbara Gayle

A farmer lost most of his crops last month after his neighbour's cows escaped through a fence and had "a feast" on the farm.

Now the farmer is having a difficult time getting payment from his neighbour. There are now frequent quarrels between them. During one of the quarrels, the farmer was told by this neighbour that he did not send the cows to destroy his crops.

The farmer says he is now losing patience with his neighbour and, at times, he feels he would do something really horrible to him.

"It is so frustrating to know that my crops are damaged by the cows and my neighbour has refused to pay me," the farmer said.

"I work very hard to take care of my wife and three children. Last month, my neighbour's cows escaped through a fence and ate most of my crops which included corn, peas and vegetables. Some of the corns were ready for reaping and I had several orders for them. The cows really had a feast on my farm.

"When I woke up the morning and found my neighbour's cows on my farm, I called him immediately and he came and said he was very sorry. He even showed me the section of the fence where the cows came through.

"I called someone to value the damage to my crops and my neighbour was present when the valuation was done. The valuator assessed the damage for $95,000 and gave both of us a copy of the valuation report. He promised he would pay me that same week, but right now he has gone back on his word. Most times when he sees me he turns his back. When I call to him and ask him about my money, he tells me some very unpleasant things. He has about 12 cows and he owns a large grocery shop so I know that he can afford to pay me.

"Right now I reach the point where I could do him something very horrible. I know if I hurt him I could end up in prison and leave my wife and children to suffer so I am glad that I have self-control in the situation. He even said on one occasion when we were quarrelling that he did not send the cows to destroy my crops.

"My wife is suggesting that I take him to court over the matter but I really don't know if I will get justice because I have never been to court before, " the farmer added.

It seems that your neighbour has no intention to pay you, therefore, he will have to be compelled to do so. You will, therefore, have to sue him to recover your money. If he is contesting the suit, then you will have to call the valuator as your witness and also submit the valuation report to the court.

If he does not contest the matter then the court will make an order for him to pay you. If the case goes to trial then the resident magistrate will listen to both sides and make a ruling in the matter. Once the court rules in your favour, if he does not pay you, then you can get a bailiff to take the necessary steps for you to recover your money.