SECTIONS

Woman fails to surrender pet dog to owner despite court order

A woman has refused to surrender a pet dog at the centre of a dispute to the owner despite a court order. [Istockphoto]

A woman has refused to surrender a pet dog at the centre of a dispute to the owner despite a court order.

On August 26, a Nakuru court ordered Doris Moraa to surrender the dog to Julius Nyabando. Moraa had borrowed the dog to sire with her dam in July 2020.

Resident Magistrate Dominic Macharia ordered Moraa to surrender the German shepherd dog called Prince to Nyabando within 14 days of the judgment.

Nyabando had sued Moraa early this year claiming she had declined to surrender the dog. Moraa, in her defence, told the court that Nyabando had gifted her Prince as appreciation for giving him a compacting machine and other equipment to use on his construction site given they were friends. She stated that she also paid for construction workers while Nyabando was in the US.

In the judgment, Moraa was to return the dog or alternatively pay Nyabando according to the current market value of the dog. Nyabando had informed the court that the dog was valued at Sh60, 000.

However, Moraa in her affidavit dated September 8, stated that she was willing to pay Nyabando Sh30,000 and wishes to retain the Prince.

“I engaged a veterinary officer who has valued the dog ‘Prince’ at Sh30,000, I’m willing to pay the plaintiff Sh30,000 in satisfaction of the court’s judgment dated August 26 and retain the said dog,” read the affidavit by Moraa.

Nyabando through his lawyer Odundo Odhiambo rejected the offer. On September 9, Nyabando’s lawyer wrote to Moraa’s counsel requesting them to facilitate the return of the dog. The case will be mentioned today (September 20).