(g)
If any person, who is not a party defendant, desires to defend or
oppose or contest the said proceedings, he shall, not less than seven days
after the publication of the notice of proceedings provided for in
paragraph (d), give to the clerk of the court notice in writing of his
intention so to do; whereupon he shall be entitled to appear at the
hearing of the claim as if he were in every respect a party defendant.
(h)
If any party defendant fails to comply with the provisions of
paragraph (f), or if he, or any person who has given the notice provided
for by paragraph (g), fails to appear at the hearing of the claim on the
date assigned therefor, the court shall enter his default and may
thereupon proceed to hear and determine the claim forthwith on the
evidence of the affidavit filed and of any certificate exhibited under
paragraph (b), or may adjourn such hearing and determination to a date
not more than two weeks from the date assigned for the hearing of the
claim.
(i)
Upon hearing the evidence adduced, the court may make the
declaration and order sought; or may dismiss the claim and make such
order as to costs, consequential upon such dismissal, as the court deems
meet.
(j)
In the event of a dismissal of the said claim, the Minister may
elect to dispose of the said restricted seed in any other manner thereunto
provided by subsection (1).
(4) It is hereby declared that any act done or ordered or permitted to be
done in terms of this section shall not(a)
prevent the institution of criminal proceedings under this Act or
under any other written law against the person to whom the said
restricted seed was consigned, or his agent, or the owner thereof, or any
other person; or
(b)
curtail or limit in any way whatsoever the powers or duties of the Cap. 322
Controller of Customs and Excise or of any customs officer under the
Customs and Excise Act; or
(c)
affect the liability of any person for the payment of customs duty
in respect of the said restricted seed; or
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