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American fails to win full bulldog battle
By Xu Fang |
January 23, 2009, Friday
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Print Edition
Print Edition
THE Songjiang District People's Court yesterday ordered a man to give a bulldog back to its American owner but refused to support the claim that the eight other dogs were also his.
The court also ruled the defendant, surnamed Zhou, should pay US$3,500 in compensation to the American, who was identified as Allen, if Zhou couldn't return the dog.
Allen, who has lived in China for two years, bred bulldogs. He claimed he owned nine bulldogs. One of the dogs, called Kelly, was a gift from his girlfriend and was brought from America to Shanghai.
Because it wasn't convenient to keep the dogs in his residential community, Allen asked Zhou, a friend who worked in a dog kennel, to keep the dogs there, the plaintiff said.
However, the dogs were taken out of the kennel on September 23, 2007. The kennel's owner said Zhou took them, an allegation Zhou denied. Allen filed a lawsuit asking Zhou to return the nine bulldogs, valued at 260,000 yuan (US$38,023), and accusing Zhou of taking his property.
Allen gave the court four pedigree certificates to prove he was the owner of four of the dogs and said the other five were offspring of the four.
Zhou agreed Kelly had belonged to Allen, but he said Allen had given the dog to a friend, surnamed Zhang, in 2006 and Zhang had later given the dog to Zhou. Zhou insisted he was the owner of the other eight bulldogs and also offered ownership certificates. The court said the certificates provided by both sides didn't prove ownership because they weren't issued by recognized authorities.
Because Zhou admitted Kelly had belonged to Allen, the court ruled she should be returned. But the court said there was not enough evidence that Allen owned the other eight bulldogs, so they will stay with Zhou.
The court also ruled the defendant, surnamed Zhou, should pay US$3,500 in compensation to the American, who was identified as Allen, if Zhou couldn't return the dog.
Allen, who has lived in China for two years, bred bulldogs. He claimed he owned nine bulldogs. One of the dogs, called Kelly, was a gift from his girlfriend and was brought from America to Shanghai.
Because it wasn't convenient to keep the dogs in his residential community, Allen asked Zhou, a friend who worked in a dog kennel, to keep the dogs there, the plaintiff said.
However, the dogs were taken out of the kennel on September 23, 2007. The kennel's owner said Zhou took them, an allegation Zhou denied. Allen filed a lawsuit asking Zhou to return the nine bulldogs, valued at 260,000 yuan (US$38,023), and accusing Zhou of taking his property.
Allen gave the court four pedigree certificates to prove he was the owner of four of the dogs and said the other five were offspring of the four.
Zhou agreed Kelly had belonged to Allen, but he said Allen had given the dog to a friend, surnamed Zhang, in 2006 and Zhang had later given the dog to Zhou. Zhou insisted he was the owner of the other eight bulldogs and also offered ownership certificates. The court said the certificates provided by both sides didn't prove ownership because they weren't issued by recognized authorities.
Because Zhou admitted Kelly had belonged to Allen, the court ruled she should be returned. But the court said there was not enough evidence that Allen owned the other eight bulldogs, so they will stay with Zhou.
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