1Kenya Beach Hotel Ltd were celebrating their golden jubilee by displaying fireworks.One of the fireworks exploded causing fire which spread to the neighboring house of Mogaka.As a result Mogaka’s house was damaged and his maid Sophia was severely burnt.A guest in the Hotel,Brian also suffered minor burns.Mogaka and Sophia sues Kenya Beach Hotel under Rule in Rylands and Fletcher and in trespass to land.Brian sues Kenya Beach Hotel in battery and Rylands and Fletcher.
Advise Kenya Beach Hotel on their liability and the defense or defenses,if any,available to them(23 marks).
2a)Discuss the doctrine of volentation fit injuia and its limitations.(11 marks)
b)Kibera and his wife Kabeberi went to Abba Supermarket Ltd. as customers.A Chandalier in the roof of the supermarket somehow broke and fell on Kibera.Kabeberi who was standing close to Kibera was not touched by the falling glass,but reasonably believing her husband to be in danger,she instinctively clutched his arm and tried to pull him from the spot.In doing so she herself was injured.Kabeberi sued Abba Supermarket Ltd in tort.Abba Supermarket admitted their fault but contented that Kabeberi has voluntarily agreed to take the risk and that she was also partly at fault. Advise Kabeberi.(12 Marks)
3.Write explanatory notes on any Two of the following.
a)Maxim damn um sine injuria.(12 marks)
b)Statutory authority.(12 marks)
c)Necessity.(12 marks)
d)Assault.(12 Marks)
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