Description

LAW OF TORT

Question One:

Wainaina Road Construction Company Limited has been awarded a tender to construct and expand Uhuru Highway which is a major road within Nairobi. In the course of the construction, the Company has dug huge trenches along the said road. Unfortunately, the company has failed to put any warning signage or blocks to prevent persons or motorists from falling into the trenches. One Friday night, Wafula was driving home when unfortunately his motor vehicle plunged into the trench as a result of which Wafula was seriously injured and his motor vehicle written off.

1. Using at least one decided case, advise Wafula on the course of action that he should take against Wainaina Road Construction Company noting to discuss the requirements thereof. (15 Marks)
2. Using one case law, advise Wafula on how he would be able to prove his claim in a court of Law.(6 Marks)

c) One of the claims that Wafula intends to make against Wainaina Road Construction Company is the losses that his business suffered during the period when he was hospitalized (one year). Advise Wafula on the chances of success of such a claim. (4 Marks)