ABSTRACT

Replevin is the remedy whereby a tenant may recover possession of goods which have been illegally distrained. The process was explained by Bharath J in the Trinidad and Tobago High Court in Sealandaire Ltd v Paul, thus:143

This type of action, where an illegal distress is alleged and a claim is made for restoration of the goods, is known as an action in replevin, the procedure for which is set out in s 10 of the Landlord and Tenant Ordinance, Ch 27, No 16. That section provides, on complaint to the magistrate for the district, for security to be provided for the goods by means of a bond in double the value of the goods distrained before deliverance, and for returning the goods and chattels and prosecuting a suit for illegal distress without delay in the Supreme Court.