LAW OF TORT
You are a new legal assistant in a very well-known law firm in Nairobi. One day, your boss Mr. Wakili Mjanja, gives you the following instructions and asks for your legal opinion knowing that you learnt the law of Tort:
The owner of a plot in X estate, Mrs. Yangu comes to your office alleging that she is the owner of the property and that she has evidence. She produces two certificates. One with an indication that it has been cancelled officially by the officials. The other clear with her name on it. She alleges that her neighbour Mrs. Nyakua has occupied her plot by mistake and has approached her and brought her attention to that fact. She has inquired froln the local police station and the officials of the scheme who have called a meeting with the neighbour. Inspite of these meetings, when your client went to occupy the plot, she met resistance from her neighbour who even hired people to hurt her. Recently, Mrs. Nyakua has put up a structure and has even placed it on rent for a local NGO.
|(a) Identify the tort committed by your client’s neighbour.
(b) Advise your client on the possible claim.
(c) State and explain the defences available against the tort.
(d) How would you go about rental income in your claims in simple words?