Reference no: EM133460233

QUESTION 1

Mathari hospital in Nairobi is well known for offering mental healthcare to Kenyans for decades. As a public hospital, it is well frequented by many patients and their families due to the topnotch care. The surrounding environment is largely a mix of institutions and flats for residential use. About a year ago, Patel received all approvals to set up Kenya's first steel manufacturing plant on a 50-acre parcel leased by the government to him. The launch of the factory was presided over by the President and hailed for providing a strong manufacturing base for Kenya. The managers of Mathari hospital, or the neighboring boarding school, and homes were never consulted during approvals, and when they objected, they were promptly informed the factory was too important to Kenya's economy to be put on hold.

The demand for steel has increased as Kenya's economy recovers from the Covid-19 slowdown. Patel's factory, which initially operated only during daylight hours has now been operating on 24-hours, based on three shifts running for 8-hours each. This approach bodes well for Patel as business is brisk. Also, he has tripled the number of employees. The problem though, is that the neighbours cannot get a good night sleep due to the rumbling of the machines from the factory. There is also the smoke which seems to get worse as the factory works at night.

The CEO of Mathari hospital has been instructed by the Board of Directors to explore legal action to stop the nuisance caused by this factory. As you advise her, examine whether the law supports the facts of this dispute in favour of the hospital.

Explain how the element of sensitivity impacts the action in private nuisance in this case.

QUESTION 

Lerenten was very proud when he acquired his first vehicle. He had been working for nearly 20 years and only recently managed to save up enough to get a good condition second hand vehicle. But his joy was short-lived. He was recently stopped by police officers and told he was driving a car that belongs to someone else. According to Lerenten, the police told him that the vehicle, a Toyota Ractis, actually belonged to Mbugua who had lent it to Mburugu his friend to use for a while. Mburugu had gone ahead to forge a power of attorney, a document giving him legal authority to sell or lease out the vehicle. Mbugua has recovered his vehicle, which was impounded by the police from Lerenten during that stop. It turns out that when they took the vehicle from him, Lerenten's Iphone 13, a new MacBook computer and cash were in the vehicle. Mbugua found those items in the vehicle and while he admitted this to Lerenten, he has refused to return them, arguing that they were his consolation prize. The police have advised both Mbugua and Lerenten to seek legal advice from you regarding their grievances. Mbugua would like to bring an action against Mburugu for what he did with his car. Lerenten would like to bring an action against Mbugua for refusing to return his items.

Evaluate the position of the law and the likelihood of success for Mbugua in his action against Mburugu.

Examine whether Lerenten can bring an action in trespass to chattels against Mbugua.