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Briefly DISCUSS the probable out come of the case taking into consideration the relevant requirements and defences of defamation herein.

1.(a). Onyango was owner of a piece of Land in Nakuru. Due to bursting of two ancient tankssituated onhis land. Water escaped and caused damage to Kirui’s property and alsoinjured Kirui’s maid, Chemweno. The tanks have been in existence on the land for quitesome time. They were not merely for the benefit of Onyango alone, …

“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

1.(a). Onyango was owner of a piece of Land in Nakuru. Due to bursting of two ancient tankssituated onhis land. Water escaped and caused damage to Kirui’s property and alsoinjured Kirui’s maid, Chemweno. The tanks have been in existence on the land for quitesome time. They were not merely for the benefit of Onyango alone, …

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

1.(a). Onyango was owner of a piece of Land in Nakuru. Due to bursting of two ancient tankssituated onhis land. Water escaped and caused damage to Kirui’s property and alsoinjured Kirui’s maid, Chemweno. The tanks have been in existence on the land for quitesome time. They were not merely for the benefit of Onyango alone, …

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.

1.(a). Onyango was owner of a piece of Land in Nakuru. Due to bursting of two ancient tankssituated onhis land. Water escaped and caused damage to Kirui’s property and alsoinjured Kirui’s maid, Chemweno. The tanks have been in existence on the land for quitesome time. They were not merely for the benefit of Onyango alone, …

State and explain four exceptions to the Hearsay Evidence Rule remembering always to cite relevant case law to support your argument.

1. Question ONE IS COMPULSORY2. Answer any other TWO questions1. John lives in a flat with many residential units within Rafiki Area around KabarakUniversity. On the night of 28th/29th October 2010, John while sleeping in his house isawakened by a commotion in Steve house next door. The John hears Steve’s voice shout“I am dying. Zadock …

Briefly discuss this requirement bringing out the elements of Innuendo and Juxtaposition and support your answer with decided authorities.

1.(a). Law of tort offers protection for a person from injury to his/her reputation. Defamation ispublication of a statement which tends to lower the reputation of the Plaintiff in theestimation of the right thinking members of the society. One of the requirements whichthe Plaintiff must prove is that the statement must be defamatory.

Explain what she must prove if she is to bring a successful defamation claim. Advise her of the bitfalls if she were to attempt to bring suit

1.(a). Law of tort offers protection for a person from injury to his/her reputation. Defamation ispublication of a statement which tends to lower the reputation of the Plaintiff in theestimation of the right thinking members of the society. One of the requirements whichthe Plaintiff must prove is that the statement must be defamatory.

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