(a) Ambrose Mpaka employed Bernard Mpole, an independent contractor to undertake some excavation work on his land. In the process, a greenhouse belonging to Eli Jirani, a neighbor was damaged by the debris from the excavations. Eli Jirani’s employees took advantage of the situation and looted all the plants from the greenhouse.
Eli Jirani is aggrieved and seeks your legal advice as to whether he could successfully sue Ambrose Mpaka. Advise Eli Jirani on the legal principles applicable in the above case (12 marks)

 

 

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