1.(a). Onyango was owner of a piece of Land in Nakuru. Due to bursting of two ancient tanks
situated onhis land. Water escaped and caused damage to Kirui’s property and also
injured Kirui’s maid, Chemweno. The tanks have been in existence on the land for quite
some time. They were not merely for the benefit of Onyango alone, but for the benefit of
hundreds of persons in Nakuru. Kirui and Chemweno have now sued Onyango for
damages and their claim is founded on the Rule in Rylands v Fletcher. (Court of
Exchequer House of Lords).
DISCUSS the liability of Onyango if any, explaining fully each requirement of Tort
established by this Rule and the possible defences Mr. Onyango can raise support your
answer with examples and decided cases. (10 Marks)
(b). Trespass to land consists of an unauthorized direct and voluntary interference with the
land in possession of another, critically examines the above statement highlighting
various requirements of Tort of trespass to land. (10 Marks)
(c). “Every man is bound to use his own property in such a manner as not to injure the
property of his neighbour and not to cause the discomfort in use and enjoyment of his
neighbours property “. House of Lords on St. Hellen smelting Co. v Tipping (1865).
Analyse the above statement bringing out clearly the facts in the above case, what the
defence Lawyers said and the Judgment of the Court in regard to tort of nuisance.
(10 Marks)
(TATOL MARKS 30)
2.(a). In order to sustain a claim in defamation, the defamatory words must be
understood to be published of and concerning the Plaintiff.
Critically, EXAMINE this requirement of defamation. (10 Marks)
(b). Mrs. Nyawira is a lecturer at Kabarak University. Because of her questionable character
the Dean of School instructed the Head of Department to investigate her and write a
report.
After investigations the Head of Department wrote a report which he forwarded to the
Dean. The Dean tabled the report in the senate and there was discussion of the same and
dismissal of Mrs. Nyawira as the report indicated that she had illicit affairs with a chain
of Male students. The Head of Department equally had told Mrs. Nyawira’s fellow
lecturers about his findings. Now Mrs. Nyawira has filed a defamatory claim against the
Dean and the Head of Department.
Briefly DISCUSS the probable out come of the case taking into consideration the
relevant requirements and defences of defamation herein. (10 Marks)
(TOTAL MARKS 20)
3.(a). Onyango was employed by Gilani’s supermarket as a security officer guarding an office
containing a cash box. On the discovery of the loss of the cash box, Gilani’s arrested him,
took him into police custody and police commenced criminal proceedings against him.
He was finally discharged under the criminal procedure code. He was not recharged.
Onyango has now claimed damages against Gilani’s and Attorney General for false
imprisonment, malicious prosecution and assault as he was injured in the course of his
arrest.
Briefly analyse whether he can succeed in each of the above torts which contain trespass
to person bringing our clearly the requirements for each tort and support your answer
with examples and decided cases. (15 Marks)
(b). Briefly explain how and when judicial authority can be a defence in trespass to person.
(5 Marks)
(TOTAL MARKS 20)
4.(a). Damages are the most important remedy which the Plaintiff is awarded after proving that
the Defendant committed a tort against him.
In light of this statement, briefly discuss types of damages which can be warded in tort
Law and support your answer with examples and cases if any. (15 Marks)
(b). Nyaguku, a Polling Officer at a polling station in Nakuru wrongfully disallowed
Nyangau, a qualified voter to vote during the General Elections of 2007. It was found that
Nyangau suffered no loss in that the candidate for whom he wanted to vote otherwise
won the election. Now Nyangau has sued Nyaguku and the Electoral Commission in tort.
DISCUSS the legal position herein and support your discussion with decided cases.
(5 Marks)
(TOTAL MARKS 20)
5. Write explanatory Notes on the following
(a). Qualified privilege and the rule of reciprocity in defamation. (5 Marks)
(b). Trespass to land by relation. (5 Marks)
(c). Distinction between Libel and Slander. (5 Marks)
(d). Distinction between private and public nuisance (5 Marks)
(TOTAL MARKS 20)
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