1. A finding of fact which is made in favour of one side of the story without any analysis as to how that side of the story has come to be accepted over the other is certainly perverse and cannot be allowed to stand. The trial court’s finding of fact that the Appellant’s wife was left with keys to the rear door and the doors to the inner rooms is set aside.
2. No distress for the recovery of rent in respect of any premises shall be levied except with the leave of the court. The Respondent did not obtain leave of the court for him to distrain on the Appellant’s property. Therefore, his action was unlawful and exposed him to liability in damages for unlawful distress. The Appellant was entitled to damages for unlawful distress and damages for the goods that were stolen