Description

TORT

Question One

Mr. Makaa owns a charcoal yard in the Estate of Hakuna. He has been doing this business for over 20 years. Mrs. Matata, grew up in this estate and is now married in the neigbouring court where she lives with her two children, Mercy and Mark. She does not own the house but her husband Mr. Matata does. He inherited it from his father and the title bears his name.

Coincidentally, this house No. 30 shares a wall with Mr. Makaa’s yard. Whenever trucks offload and load the charcoal, the black charcoal dust is blown through the backyard of Mr. Matata’s house and into the house leaving black dust on the furniture, utensils, bedding and carpeted floor. Despite Mrs. Matata’s complaints, Mr. Makaa has not stopped or relocated. Mercy the younger child suffers from Asthma and her chest has gotten worse.