Neighbours at odds over goat killings

Two neighbours are engaged in a dispute over payment for goats that were killed by dogs in December last year.

The owner of the goats disclosed that his neighbour had promised to pay him for them, but when he gave him the bill, he began making excuses.

"I tied my four goats to the back of my yard one evening in December last year and went inside my house to sleep, " the neighbour said.

"While sleeping, I was awakened by a noise at the back of my house. I looked through the window and saw my neighbour's three dogs attacking my four goats.

"I opened the door, and by the time I got out of the house, the dogs had already killed my four goats. My neighbour's dogs are very vicious, but I did not think they would jump the fence into my yard to attack and kill my goats.

"The dogs jumped back over the fence when I threw some stones at them. I called my neighbour immediately and showed him what had happened. I told him his dogs attacked and killed my goats.

"He apologised to me and said in the future he was going to chain the dogs in the evenings. One of my friends came over and remarked that the owner of the dogs should have paid me for my goats. He replied that when I give him the bill he would pay me.

"I called a valuator who came and gave me a written and signed document as to the price of each goat. I showed my neighbour the valuation sheet and he said he would soon deal with it. He did not say anything further on the matter, so in April, I called him to find out what was happening.

"He told me the dogs did not belong to him and it was his wife who left the dogs behind when she moved from the premises in 2012. He said he had telephoned her many times to come for her dogs, but she ignored him.

"I think he is making up a story so as not to pay me. He is the one I see feeding the dogs in the evenings and putting out water for them to drink in the days. I see him outside many times playing with the dogs. I am so upset by my neighbour's behaviour. My friend has advised me to sue him for the money," he said.

The Dogs (Liability for Injuries by) Act states that the owner of every dog shall be liable in damages for injury done to any person or cattle or sheep by his dog. Damages shall be recoverable in any court of competent jurisdiction by the person injured or by the owner of such cattle or sheep killed or injured.

The law states further that the occupier of any house or premises where any dog is kept or permitted to live or remain to live at the time of such injury shall be deemed to be the owner.

Although your neighbour is now telling you that the dogs belonged to his wife, he has been taking care of the dogs. He is therefore liable to compensate you for the loss of your goats. You said he has refused to pay you, therefore, you will just have to sue him.