HEAL PRESS LTD. V. CHAHIN & SONS

OLLENNU, J.: Two reliefs are claimed by the plaintiffs; they are: (1) damages for illegal distress, and (2) return of goods taken and carried away by the defendants or their agents, in the alternative £G13,542 13s. 10d., value of the said goods. A list of the goods in question is attached to the writ of summons.

The claim for damages for illegal distress is based upon a judgment of the 1st April, 1959, which set aside a judgment of the 31st October, 1958, upon which the distress was levied. It is admitted by the plaintiffs that the said judgment of the 1st April, 1959, was reversed by the Supreme Court on the 29th November, 1960, and the judgment of the 31st October, 1958, restored. It follows therefore that the execution which issued in pursuance of that decree is legal, therefore the plaintiffs’ claim for damages for illegal distress must fail.

The evidence led on behalf of the plaintiffs that all the articles listed were in their business premises the last time they left the premises…