LLB 104: LAW OF TORTS

Pre-requisite: None
Semester: January 2024
Facilitator’s Name Sr. Mellody Mwende Mwavichi
Contacts Email: [email protected]

Office/Consultation hours Athi: Friday 11:00 – 2:00pm

Class time /Day Friday 1:30 - 4:30pm
Class Location LR 11
Mode of learning Physical

Facilitator Welcome Message to Students

Welcome to our class LLB 104! I am delighted to have you in this class for this semester. This course
is deliberately designed to conform to the Problem Based Learning (PBL) mode of delivery. PBL, a
learning and teaching approach which Daystar University has recently adopted, provides learners
with opportunities to identify solutions to ill-structured, real-world problems. We shall all be learning
to learn, so let us commit to be available and to support one another in the learning process. I look
forward to a meaningful interaction throughout the semester.

Course Purpose
To introduce students to the general principles of the law of torts and to expose them to the rules
which govern liability in tort so as to enable them to apply the principles of liability to concrete
situations. The course will also introduce students to specific torts and the specific defences,
remedies and to draw a comparison on provisions of domestic and international legislation on the
various torts.
Expected Learning Outcomes
By the end of this course, the student should be able to: At the end of this unit, the student should
be able to:
1. Define and distinguish tortious liability from other forms of liability;
2. Identify specific torts, their elements, defences and remedies;
3. Identify and distinguish between the various elements of specific torts;
4. Distinguish between intentional and unintentional torts;
5. Examine the principles relating to torts and apply them to real life situations;
6. Illustrate how tort works and its intended social and moral purposes;
7. Explain defences and remedies for torts;
8. Draw a comparison between other laws and domestic laws on tort.
Problem Based Learning Expected Learning Outcomes
Upon going through a Problem based learning, graduates are expected to have the following
attributes:
1. Ability to communicate effectively
2. Ability to work collaboratively in teams
3. Critical thinking and appraisal skills
4. Ability to generate ideas, develop and provide solutions.

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 5. Ability to recognise and resolve real-world challenges
6. Creatively and innovatively contribute to high level of decision making
7. Participate effectively in a team

Course Content
This course offers an in-depth exploration of the Historical development of the law of Tort and
Introduction: Definition of Tort; History of Tort and Tort law, Foundation of tortuous liability;
Distinction Between Tort and Other Branches of Civil Law: Contract and Criminal Law; Mental
Element in Tort; Parties; Vicarious liability; General defences; General Remedies; Trespass to Person:
Battery; Assault; False Imprisonment; Malicious Prosecution; Trespass to Goods and Chattels:
Wrongful Interference with Goods; Conversion; Detinue: Trespass to Land; Interference with the
possession of land; Possession, Negligence: Definition; Elements of negligence; Duty of care; Breach
of duty of care: Damage or loss: Causation and remoteness of damage: Defences of Negligence;
Contributory; Voluntary Assumption ;Remedies, strict liability: The Rule in Ryland v Fletcher;
Requirements of the Rule in Ryland v Fletcher; Defences to the rule in Ryland v Fletcher; Vicarious
Liability; Master Servant relationship; Liability in respect to independent contractors; Essentials for
liability of the Master; Occupiers Liability; At Common Law and On Modern Law, Occupier’s
Liability Psychiatric Injury or Nervous Shock, Nuisance: Definition; Private Nuisance; Public
Nuisance; The Rule in Rylands v Fletcher; Elements; Defences; Remedies, Defamation: Definition;
Essentials of Defamation Generally; Libel; Slander; Repetition of a Statement; Defences; Malice and
Limitation of Action; Remedies Statutory Torts and Economic Torts: Causing loss by unlawful means;
Inducement to breach of contract; Conspiracy; Intimidation.

Course Delivery Plan

The course content will be delivered through tutorial discussions/sessions, self-directed learning,
research, group presentations and lectures. In most cases students will be given tasks to work on before
discussion of topics in class.
The facilitator’s role in this course is primarily to guide and facilitate learning; therefore, learners are
encouraged to remain active throughout the week by interacting with wide range of reading materials
and sharing with their tutorial group members.

Instructional Materials and/or Equipment

• Stable internet,
• eLearning platform
• Textbooks
• eJournals
• White boards
• LCD projectors
• Multimedia resources-videos
• Computers-based simulations and real-world case studies.

Main course Texts

Core Textbooks
1. Christian Witting, Street on Torts, (14th Edition, Oxford University, Oxford,
2015).
2. Catherine Elliott & Frances Quinn, Tort Law (7th edition, Pearson Longman,
2009). Available on Perlego
3. Jenny Steele, Tort Law: Text, Cases and Materials, (3rd Edition, Oxford
University, 2014).

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 4. W. E. Peel & J. Goudkamp, Winfield and Jolowicz, Tort Law, (19th Edition,
Sweet & Maxwell, 2014).

Course Assessment
Assignment/Assessme Week Content Weighting
nt Item
Sit in CAT 8 Course content up to week 5 20%
Take away assignment WEEKLY Research paper on every week for 10%
individuals in the group that
presented
PBL Assigned topic per group 5%
Presentation/Orals
Moot Court 13 Course work 5%
Exam 14-15 Course work 60%
Total 100%

Grading Policy
A: 70-100 F: 0-39
B: 60-69 W-Withdraw
C: 50-59 X-Missed Final Exam
D: 40-49 Z- Non-Attendance
E-Incomplete attendance

Weekly Course Schedule

Week Topic Intended Learning Learning
outcomes activities
1 19th January-Introduction to the course and course outline • Learners
Overview • To know one introduce
• Self-introduction another. themselves in
• Introduction to the course • To understand what class.
• Discussion on course requirements and learner expectations is expected of them • Presentation
in class. of the course
• To appreciate the outline to
overall goal of the learners
class • Learners ask
• To create an questions and
environment of clarifications
teamwork. on the course
• To identify those outline.
who have practical Introduce
experience in the PBL (the
course and/or process).
talents which could
• Divide
come in handy students into
during team groups with
discussions. gender balance

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2. 26th January- Historical Development of the law of Tort and To introduce • Group 1
Introduction them to electronic presentation and
2.1 Definition of Tort materials and case laws discussion on
2.2 History of Tort and Tort law search. the topic
2.3 Introduction to Tort Law • To know where • Lecture after
2.4 Foundation of tortuous liability; to find help in presentation of
terms of writing the group and
2.5 Distinction Between Tort and Other Branches of Civil
individual write ups application of
Law: Contract and Criminal Law for take
2.6 Mental element in tort; case law
away CAT • Cases on the
2.7 Parties; • Discuss what is course outline
2.8 Vicarious liability; Tort in relation presented by
2.9 General defences; to other branches of members of
2.10 General Remedies law.
Group 1
• Deep analysis of
• Read problem
Assignment: Problem Based Question to be discussed on the Foundation of tort,
question and let
Topic mental element,
vicarious liability, the students
general defenses and discuss
Readings: remedies.

1. Christian Witting, Street on Torts, (14th Edition,

Oxford University, Oxford, 2015) (Chapter 1)
2. Catherine Elliott & Frances Quinn, Tort Law (7th
edition, Pearson Longman, 2009). Available on
Perlego
Cases
3. B W K v E K & another, Milimani HCCC No. 443 of
2003,
4. Nairobi (Odunga J.)
5. P.A Okelo & Another t/a Kaburu Okello & Partners –vs-
Stella
6. Karimi Kobi & 2 Others, Civil Appeal No. 183 of 2003
Court
7. of Appeal, Nairobi (Waki J.A.)
8. P. J. Dave Flowers Ltd v David Simiyu Wamalwa,
Kajiado
9. HCCA No. 6 of 2017, (Nyakundi J.)
10. Samson Kairu Chacha v Isaac Kiiru King’ori, Civil
Appeal
11. No. 33 of 2015 Court of Appeal, Nyeri (Waki J.A,
Nambuye
12. J.A, Kiage J.A)
13. Kenya Wildlife Service v Rift Valley Agricultural
14. Contractors Limited, Petition 11 of 2015 Supreme Court,
15. Nairobi (Ibrahim J.SC, Wanjala J.SC, Ojwang J.SC,
Ndungu
16. J.SC, Lenaola J.SC)
17. Rashid Ali Faki v A.O. Said Transporters, Mombasa
ELRCA
18. No. 1 of 2015, (Rika, James J.)

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3. 2nd February- TRESPASS TO PERSON Discuss what Trespass • Read the cases
3.1 Introduction entails and types of provided on the
3.2 Battery - Elements that constitute Battery trespass to person. topic and
3.3 Assault- Elements that constitute Assault • Determine the case critique.
3.4 False Imprisonment – Its Elements laws applicable to in • Present the
3.5 Malicious Prosecution – Its Elements trespass to person. outcome from
Readings: • Analyze the defences their self-study.
1. Christian Witting, Street on Torts, (14th Edition, and remedies available. • Group 2
Oxford University, Oxford, 2015) (Chapter 9) presentation by
class member
2. Catherine Elliott & Frances Quinn, Tort Law (7th on the topic
edition, Pearson Longman, 2009). Available on and apply case
Perlego law in their
presentation.
Cases
• Lecture by
i. Nzoia Sugar Company limited v Tungututi (2002) KLR 1. tutor
ii. Samuel Ndirangu V. Patrick Wachira Nderitu H.C. C. A No. Read problem
88 2001 question and let the
iii. Abubakar Simba v Stephen Njoroge Wambari [1987] eKLR, students discuss
Nairobi HCCC No. 1967 of 1982, (Mbaluto J.)
Anthony Shiveka Alielo v Kenya Post Office Savings Bank &
Another [2019] eKLR, Civil Appeal No 52 of 2016 Court of
Appeal, Nairobi (Githinji, Okwengu, Mohammed JJJ)
v. Bird v Jones (1845) 7 QB 742
vi. Bobby Macharia v AG & 3 Others, Nairobi HCCC No.1210 of
2006, (Mwongo J)
vii. Bundi v Onkoba, Civil Appeal No. 8 of 1983 Court of Appeal,
Kisumu (Hancox AG J.A, Law J.A, Kneller AG J.A)
viii. Daniel Njuguna Muchiri v Barclays Bank of Kenya Ltd &
another [2016] eKLR, Nairobi HCCC No.116 of 2003,
(Aburili J.)
ix. Daniel Waweru Njoroge & 17 Others v AG [2015] eKLR,
Nyeri HCCA No. 89 of 2010, (Mativo J.)
x. Davidson v Chief Constable of North Wales and Another
[1994] 2 All ER 597
xi. George Ngige Njoroge v AG [2018] eKLR, Nairobi HCCC No.
205 of 2013, (Njuguna, J)
xii. Gichanga v B.A.T (k) Ltd (1989) LR 352
xiii. Gitau v AG (1990) K.L.R. 13
xiv. James Alfred Koroso v Attorney General, Civil Suit 2966 of
1996, Nairobi HCCC No. 2966 of 1996, (Ojwang J.)
xv. James Kariga Kiiru v Joseph Mwamburi civil Appeal 171 of
2000
xvi. Meering v Grahame-White Aviation Co.
(1919) 122 LT 44
xvii. Music Copyright Society of Kenya v Tom Odhiambo Ogowl,
Homa Bay HCCA No. 17 of 2014, (Majanja, J)
xviii. Newton Ndirangu Gicheha v AG & Evans Stephen Wainana,
Nairobi HCCC No. 697 of 2007, (Githua J)
xix. Njoroge & Another v Kinyua, Civil Case No. 162 of 1999
xx. Quinland v Governor of Swaleside Prison
[2003] QB 306
xxi. Stephens v Myers [1830] 172 ER 735
xxii. Susan Mutheu Muia v Joseph Makau Mutua, Makueni HCCA

5
 No.128 of 2017, (Kariuki J)
xxiii. Thomas v NUM (1986) Ch 20
xxiv. Tuberville v Savage (1669) EWHC KBJ25
xxv. Wright V Wilson (1699) 1 LD RAYM 739,
xxvi. Kagame & Others vs. AG & Another [1969] EA 643,
xxvii. Hicks vs. Faulkner [1878] 8 QBD 167 at 171,
xxviii. Herniman vs. Smith [1938] AC 305
xxix. Glinski vs. McIver [1962] AC 726
xxx. Robinson v Balmain Ferry Co. Ltd
xxxi. In M’Ibui v Dyer [1967] EA 315
xxxii. Njareketa v Director of Medical Services (1950) vol 17
EACA
60
xxxiii. Cockcroft v Smith (1705) 11:
xxiv. Lane v Holloway [1967] 3 All ER 129, [1968] 1 QB 379:
4. 9th February- TRESPASS TO GOODS AND CHATTELS Examine the tort of • Read the cases
4.1 Introduction Trespass to goods and provided and
4.2 Wrongful Interference with Goods Chattels critique.
4.3 Conversion  Describe Wrongful • Present the
4.4 Detinue Interference with outcome from
4.5 Defences Goods, their self-
4.6 Remedies  Conversion, Detinue, study as a
as forms of trespass to group on the
Assignment: Problem Based Question to be discussed on the goods.  Analyze the topic.
Topic applicable case law, • Group 3
defences and remedies. Presentation
Readings: on the topic.
• Lecture by
1. Christian Witting, Street on Torts, (14th Edition, tutor.
Oxford University, Oxford, 2015) (Chapter 10) • Read problem
question and let
2. Catherine Elliott & Frances Quinn, Tort Law (7th
the students
edition, Pearson Longman, 2009). Available on discuss
Perlego
Cases
i. Fouldes v Willoughby (1841) 151 ER 1153
ii. Kirk v Gregory (1876) 1 Ex D 55
iii. Channan Agricultural Contractors Limited & another v
John Oindo Asoyo [2017] eKLR, Kisumu HCCA No. 79 of
2015, (Majanja J.)
iv. C.Y.O Owayo v George Hannington Zephania Adudat/A
Aduda Auctioneers & another [2007] eKLR, Civil Appeal
2 of 2003 CA, Kisumu (O’Kubasu J.A, Onyango J.A,
Deverell J.A)
v. Jaribu Credit Traders v Amedo Centres K. Ltd & Another
[2010] eKLR, Nairobi HCCC No. 914 of 2003, (Mwera J.)
vi. Peter Ndungu Ngae v Ann Waithera Ndungu & 2 others
[2014] eKLR, Nakuru HCCC No. 138 of 2008, (Anyara
Emukule, J.)
vii. Atogo v Agricultural Finance Corporation & another
(1991)
viii. Fowldes v Willoughby (1841)
ix. Parker v British Railways Board (1982)
x. London Corporation v Appleyard (1963)

6
 xi. Frederick N Wamalwa v John Ongeri (2005)
xii. Hollins v Fowler 1875
xiii. Micholls & Co. Mohamed v Attorney General (1990)
xiv. Seton Laing & Co v Lafone (1887)
xv. Giodano Allievi Anor v Robert Kaingu Maitha( 2000)
xvi. M’Mukanya v M’Mbijiwe (1984)
xvii. East African Railways Corporation v Karangi (1988)
xviii. Kelsen v Imperial Tobacco Co, Ltd (1957)
xix. Lemmon v Webb 1895
xx. Anchor Brewhouse Developments Ltd & Others v Berkeley
House Ltd 1987
5. 16th February-TRESPASS TO LAND Describe the ingredients • Group 4 to
5.1 Introduction of Trespass to land. Read the cases
5.2 Interference with the possession of land • Analyze the applicable provided and
5.2.1 Possession case law, defenses and critique.
5.2.2 Defenses remedies. • Present the
5.2.3 Remedies outcome from
their self-
Assignment: Problem Based Question to be discussed on the study as a
Topic group on the
topic.
Readings: • Lecture by
tutor
1. Christian Witting, Street on Torts, (14th Edition, • Read Problem
Oxford University, Oxford, 2015) (Chapter 11) question for
students to
2. Catherine Elliott & Frances Quinn, Tort Law (7th discuss in the
edition, Pearson Longman, 2009). Available on next class of
Perlego week 8
Statutes
3. Trespass Act
4. S. 4 Mining Act, Cap 306
5. Water Act, Cap 372

Cases
i. League against Cruel Sports v Scott [1986]
QB 240
ii. Bernstein of Leigh v Skyviews & General Ltd
[1978] QB 479
iii. Eliud Njoroge Gachiri v Stephen Kamau Ng’ang’a [2018]
eKLR, Murang’a ELC No. 121 of 2017 ELC, (Kemei J.)
iv. John Imbaiza Vodoye v Ann Chebet & another [2017] eKLR
E&L, Eldoret ELCC No. 2 of 2013, (Ombwayo J.)
v. Mtana Lewa v Kahindi Ngala Mwagandi [2015] eKLR
Civil Appeal No. 56 of 2014 CA, Malindi (M’Inoti J.A)
vi. Nakuru Industries Limited v S S Mehta & Sons [2016] eKLR
Civil Case No. 36 of 2013 HCt, Nakuru (Odero J.)
vii. Ochako Obinchu v Zachary Oyoti Nyamongo [2018] eKLR
Case No. 28 of 2015 ELC, Kisii (Mutungi J.)
viii. Moya Drift Farm Ltd v Benson Ndungu Theuri [1973] EA
114

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6. 23th February- CAT 1 – SIT IN 20%

7. 1 March–TORT OF NEGLIGENCE Define and explain the • Group 5 to

6.1 Definition of Negligence tort of Negligence. read the cases
6.2 Elements of negligence •Describe the provided and
1. Duty of care ingredients in details. critique during
2. Breach of duty of care • Analyse the applicable their
3. Damage or loss case law, presentation.
4. Causation and remoteness of damage. • Examine the defenses • Present the
6.3 Defences of Negligence and remedies. outcome from
5. Contributory their Group
6. Voluntary Assumption discussions.
6.4 Remedies in Negligence • Lecture by
tutor.
Assignment: Problem Based Question to be discussed on the • Read problem
Topic question and let
the students
Readings discuss.
7. Catherine Elliott & Frances Quinn, Tort Law (7th
edition, Pearson Longman, 2009). Available on
Perlego
8. Christian Witting, Street on Torts, (14th Edition,
Oxford University, Oxford, 2015)

Cases
i. Aiken v Stewart Wrightson Members Agency Ltd [1995];
ii. Ancell v McDermott & Another [1993];
iii. Annetts v Australian Stations Ltd;
iv. Caparo Industries Plc v Dickman [1990] 2 AC 605
v. Chandler v Cape Plc [2012
vi. Donoghue v Stephenson [1932] AC 562 HL
vii. Gifford v Strang Patrick Stevedoring Ltd).
viii. Grant v Australian Knitting Mills [1936]
ix. Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049
x. Home Office v Dorset Yacht Co Ltd [1970] AC 1004
xi. Jones v Wright [1991];
xii. Kent v Griffiths [2000] 2 WLR 1158
xiii. Kenya Breweries Ltd v Godfrey Odoyo [2010] eKLR, Civil
Appeal
No.127 of 2007 CA, Nairobi (Onyango Otieno J.A, Bosire J.A)
xiv. Marc Rich & Co. v Bishop Rock Marine [1994];
xv. Peabody Donation Funds v Sir Lindsay Parkinson & Co Ltd
xvi. Punjab National Bank v De Bonville [1992];
xvii. Winterbottom v Wright
xviii. Pitts v Hunt [1991] 1 QB 24
xix. Smith v Baker & Sons [1891] AC 325
xx. Ashton v Turner[1981] l QB

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 xxi. Rylands v Fletcher [1868] UKHL 1
Mm

8. 8th March -STRICT LIABILITY Define and explain the • Present the
7.1 The Rule in Ryland v Fletcher Rule in Ryland Versus outcome from
7.2 Requirements of the Rule in Ryland v Fletcher Fletcher. their group and
7.3 Defences to the rule in Ryland v Fletcher Describe the ingredients and self-study
7.4 Vicarious Liability in details. in class
1. Master Servant relationship • Analyse the applicable • Group 6
2. Liability in respect to independent contractors case law, discussion of
3. Essentials for liability of the Master • Examine the defenses week 8
7.5 Occupiers Liability and remedies. problem
4. At Common Law • Examine the Vicarious • Presentation by
5. On Modern Law Liability and Occupiers class member
liability in detail. • Lecture by
Assignment: Problem Based Question to be discussed on the tutor
Topic

Readings:
1. Steele, pp. 111-288
2. Catherine Elliott & Frances Quinn, Tort Law (7th
edition, Pearson Longman, 2009). Available on
Perlego

Case law
i. Statpack Industries v James Mbithi Munyao, Nairobi Civil
Appeal No. 152 of 2003, (Visram, J.)
ii. Kenya Tea Development Authority Ltd v Andrew Mokaya,
Kisii HCCA No.174 of 2006, (Asike Makhandia J.)
iii. Kalamera Godfrey v Unilever (2008) UGHC
iv. Rylands v Fletcher [1868] UKHL 1
v. AG v Corke [1933] Ch 89
vi. Miles v Forest Rock Granite Co (Leicestershire) Ltd (1918)
34 TLD 5002
vii. Sochacki v Sas [1947] All ER 3444
viii. Rickards v Lothian [1913] AC 263 Privy Council
11. 15th March - OCCUPIERS’ LIABILITY; Define and explain  Group 7 to
PSYCHIATRIC INJURY OR NERVOUS SHOCK occupiers liability, read the cases
Psychiatric njury and provided and
9.1 Occupier’s Liability –Elements nervous shock. critique.
9.2 Psychiatric Injury or Nervous Shock • Describe the  Presentation
Ingredients in details. of the
• Analyse the outcome from
Assignment: Problem Based Question to be discussed on the
applicable case law, their self-
Topic
• Examine the defenses study as a
Readings: and remedies group
1. Catherine Elliott & Frances Quinn, Tort Law (7th  Lecture by
edition, Pearson Longman, 2009). Available on tutor.
Perlego  Read problem
question and
2. Peel & Goudkamp, Chapter 5 section 3(f)
let the
students
Statutes discuss

9
 3. Occupiers Liability Act, Cap 34 Laws of Kenya

i. Hevican v Ruane [1991] 3 All ER 65

ii. Bourhill v Young [1943] AC 92
iii. North Glamorgan NHS Trust v Walters [2002] EWCA
Civ
1792
iv. Alcock v Chief Constable of South Yorkshire [1992] 1
AC 310
v. Page v Smith [1995] UKHL 7
vi. JOO & 2 others v Praxedes P Mandu Okutoyi & 2 others
[2018] eKLR, Nairobi HCCC No. 25 of 2008, (Odunga J.)
vii. Ruth Nthenya Kilonzo v Standard Chartered Bank
Kenya
Ltd [2007] eKLR, Nairobi HCCC No. 517 of 1997,
(Ojwang J.)
viii. Salim Mecha Nyandoro v Nyangena Hospital Limited
[2019] eKLR, Kisii HCCA Appeal No. 81 of 2014,
(Majanja J.)
ix. Soma Properties Limited v H A Y M [2015] eKLR Civil
Appeal No. 74 of 2005, CA Nairobi (Ouko J.A, Githinji
J.A, Mohammed J.A)
x. Wendy Martin v I L Ngwesi Company Ltd & 2 others
[2007] eKLR, Nairobi HCCC No.513 of 2003, (Ang’awa J.)

12. 22nd March- NUISANCE Define and explain the • Discuss the
Rule in Nuisance and remedies
10.1 Definition types of nuisance. available for
10.2 Private Nuisance- Elements • Describe their breach of a
ingredients in details. contract
10.3 Public Nuisance-Elements
• Analyse the through
10.4 The Rule in Rylands v Fletcher Presentation
applicable case laws
10.5 Elements and the Ryland vs by members of
10.6 Defences Fletcher. Group 8.
10.7 Remedies • Examine the defenses • Discuss a
and remedies problem
Assignment: Problem Based Question to be discussed on the question in
Topic class with
learners to
Readings: identify the
remedies.
1. Witting, Chapter 18 – 19 • Lecture by
tutor.
2. Catherine Elliott & Frances Quinn, Tort Law (7th
edition, Pearson Longman, 2009). Available on
Perlego
The Constitution
1. Constitution of Kenya 2010, Chapter 5 (Land and
Environment)

10
 i. Rylands v Fletcher [1868] UKHL 1
ii. Read v Lyons & Co Ltd [1947] AC
iii. Walter v Selfe (1851) ER 335
iv. Bamford v Turnley (1862) 122 ER 27
v. Sturges v Bridgman [1879] 11 Ch D 852
vi. Robinson v Kilvert (1889) 41 Ch D 88
vii. Rogers Muema Nzioka & 2 Others v Tiomin Kenya Ltd
[2001] eKLR, Mombasa HCCC No. 97 of 2001, (Hayanga
J.)
viii. Wangari Maathai v Kenya Times Media Trust Ltd
[1989] eKLR, Nairobi HCCC No. 5403 of 1989, (Dugdale
J.)
ix. Jaswinder Singh Jabbal v Mark John Tilbury & another
(2019) eKLR, Nairobi HCCC No.552 of 2001, (Thuranira
J.)
x. David M Ndetei v Orbit Chemical Industries Ltd (2014)
eKLR, Meru HCCC No. 147 of 2008, (Emukule J.)
12 29th March - Defamation – 8th presentation Define and explain the  Discuss the
11.1 Introduction and definition Tort of Defamation. topic content
11.2 Essentials of Defamation Generally • Describe the forms of and do a
defamation and Presentation
11.3 Libel
the ingredients in by members of
11.4 Slander Group 9
details.
11.5 Repetition of a Statement
• Analyse the applicable  Discuss a
11.6 Defences case law, Defamation problem
11.7 Malice and Limitation of Action Act, 2013 and question in
11.8 Remedies Limitation of Action class with
Act Cap 22 learners to
Readings: • Examine the defenses identify the
and remedies rights and
liabilities.
Assignment: Problem Based Question to be discussed on
 Lecture by
the Topic tutor.
1. Defamation Act 2013
2. Limitation of Action Act Cap 22
3. Steele, pp.739 -786
4. Catherine Elliott & Frances Quinn, Tort Law (7th
edition, Pearson Longman, 2009). Available on
Perlego
Cases
i. Alnashir Visram v Standard Limited [2016] eKLR,
Nairobi
HCCC No. 52 of 2012, (Aburili J.)
ii. Berkoff v Burchill [1996] 4 ALL ER 1008,
iii. Cassidy v Daily Mirror Newspapers.
iv. Chirau Ali Mwakwere v Nation Media Group LTD &
another [2009] eKLR, Nairobi HCCC No.1329 of 2003,
(Khamoni J.)
v. Derbyshire v Times Newspapers [1993] AC 534
vi. Father Samuel Waweru v Samuel Mburu & The Standard

11
 vii. Gray v Jones (1939) 1 ALL ER 739:
viii. Jacqueline Okuta & another v Attorney General & 2
others
[2017] eKLR, Nairobi HC Petition No. 397 of 2016,
(Mativo J.)
ix. Jeremiah Mwanza v John Ngumba [2018] eKLR,
Makueni
Civil Appeal No. 13 of 2017 (Formerly; Machakos HCCA
No. 134 of 2015), (C. Kariuki, J.)
x. John v MGN [1997] QB 586
12. 5th April - Economics of Torts – 9th Presentation Define and explain the Group 10
12.1 Causing loss by unlawful means statutory torts and presentation
12.2 Inducement to breach of contract describe the economics • Cases on the
12.3 Conspiracy of Torts. course outline
12.4 Intimidation. • Analyse the applicable Presented by those
case law. assigned.
• Examine the defenses • Lecture by the
Assignment: Problem Based Question to be discussed on and remedies.
Tutor.
the Topic
• Group 10 Take –
away Assignment
Readings: (individual
write-up)
1. Christian Witting, Street on Torts, (14th Edition,
Oxford University, Oxford, 2015) (Chapter 15)
2. Catherine Elliott & Frances Quinn, Tort Law (7th
edition, Pearson Longman, 2009). Available on
Perlego

Cases
3. Lumley v Gye [1853] 2 E & B 216
4. Mogul Steamship Co Ltd v McGregor, Gow & Co.
[1889]
5. LR 23 QBD 598 Lonrho v Fayed [1990] 2 QB 479
6. OBG v Allen [2007] UKHL 21
7. Quinn v Leathem [1901] AC 496
8. Saltman Engineering Coy. Ltd., Ferotec Ltd., and
Monarch Engineering Coy. (Mitcham), Ld., v
Campbell Engineering Coy., Ld. [1948] 65 R.P.C.
203
9. Coco v A N Clark (Engineers) Ltd, ChD 1968
10. Safaricom Limited v Transcend Media Group [2016]
eKLR,
11. Nairobi HCCC No. 228 of 2016, (Tuiyott J.)
12. HP Insurance Brokers v Cannon Assurance limited
[2017] eKLR, Nairobi HCCC No. 470 of 2016,
(Tuiyott J.)
13. Ocean Foods Limited v Osotspa Company Limited &
2 others [2017] eKLR, Nairobi HCCC No. 318 of
2017, (Onguto J.)

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13 12th April - MOOT COURT/ORALS Discuss the moot
court question
Herein.

14 19th April – Revision and End Semester Exams

15 26th April - END OF SEMESTER EXAM

PBL PRESENTATIONS
Although you will work in groups with your colleagues, individual participation and presentation will
carry personal marks. Further details will be clarified in class. The presentations of your projects will
be done on the assigned dates (see presentation schedule provided).

Assessment Rubric for presentations

REQUIREMENTS EXPECTATIONS POINTS/

MARKS
Scenario Clarification Foreign terms must be defined, clear understanding 1
of the scenario
Identification of legal issues Clear understanding of the problem, the problem 1
should be researchable, brief and to the point. It
should not be a STAND ALONE.
Identification of relevant laws Correct legal issues spotted and framed accordingly 1
& sections, case laws
Application to problem
Class presentation Power Point presentation, clarity, audibility, neatness 1
Individual and group presentation
Creativity-solutions Clear understanding of the problem and good 1
suggested, research. connections to research.
Practical and relevant solutions/ suggestions offered.
Meets all the objectives of the class/week
Citations, reference list should be included
TOTALS - 5

Course policy, Procedures and Requirements

Academic Integrity Policy
1. Plagiarism will result in automatic failure of the assignment in question. Academic dishonesty is a
serious offence. Penalties include failure of the assignment, failure of the course, and or dismissal
from the University.
2. You are required to use Oscola referencing style for write up individual assignments and academic
writing in this course, which gives you, room to attribute works to their original authors. Failure to
do so will automatically disqualify your work.
3. Cheating in quizzes or assignments will be penalized by failure of the assignment.
4. Cheating in the final exam will lead to failure of the course. Students must therefore ensure that all
information is appropriately acknowledged as ignorance will not be accepted as defense.
5. Produce high quality work: Your writing must not only show signs of intelligent thought and
creativity but must also reveal your improvement in grasping the concepts throughout the course.

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 Class Attendance Policy
All students must attend at least 75% of the course. Being absent with official permission does not
make one eligible to contravene this rule. Any learner who misses more than 25% of the scheduled
classes (including the first week of each semester) will receive a grade ‘E’ (failure due to poor
attendance) for the course.

TURNITIN
All assignments shall be subjected to Turnitin plagiarism checker, a report shall be generated for each
assignment to assess the level of compliance. Note, if the % is way above the acceptable margin of
20%, the student/s shall earn an F grade.
Assignment Submission Guidelines
1. All assignments will be submitted in hard copy the on the submission date in class.
2. In addition, the take away assignment must also be submitted on the eLearning platform. Take note that
a Turn-it-in report will be run and a similarity report of more than 20% will not be acceptable. AI
generated works will also not be accepted and the leaner will receive a zero (0) mark.
3. All deadlines must be adhered to.
4. Late submissions without prior clearance will not be accepted and the learner will receive a
zero.
5. Late submissions will not be accepted. Make arrangements to submit earlier or have another
person submit for you.

Accommodation of Learners with Special Needs

Learners who have special needs that affect their learning, class assignments and sitting of examinations,
such as illness, hearing or visual challenges, and language challenges are advised to inform the Registrar’s
office and the facilitator at the beginning of the semester. This will allow the facilitator time to make the
arrangements necessary for the learner to participate in class, in tutorial group discussions, handing in of
assignments and final examinations.

Writing and Speech Centre (WSC)

You are advised to visit the Writing and Speech Centre (WSC), a facility where you will get support and
advice on any writing or speaking assignment or task. At the centre, peer tutors meet individually with
writers (learners) and attend to their specific writing concerns. The goal of WSC is to give the learner
confidence and strategies to improve and grow in order to become an independent writer.
There is a schedule at the door showing the time you can visit.
Location: Athi River Campus (BCC ground floor), Nairobi Campus (LR 18).
Class guidelines
1. Consider yourself a member of a family whose members are committed to supporting a
common goal: the successful achievement of the learning outcomes.
2. Always be seated in class by the start of class time. Late comers will not be allowed to interrupt
learning.
3. Participate in group conversations and activities.
4. Treat the diverse contributions made by other family members with respect.
5. Have patience and a sense of humor with technology.
6. Keep an open mind when introduced to innovative ideas that may challenge your perceptions.
7. Ask for help when you need it, and assist others when possible.
8. Understand that messages shared through online platforms have a high likelihood of being
misinterpreted, so be gracious.

TAKE AWAY/ RESEARCH ASSIGNMENT

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Instructions
Prepare a well-researched individual write up on the presented topic as group.
 The essay should be approximately 2,500-2,000 words in length. Use Times New romans
font, size 12, with 1.5 spacing.
 Use legal & scholarly sources, including relevant laws, academic articles, industry reports,
and legal cases, to support your arguments.
 Properly cite all sources using OSCOLA citation style
 Submit a typed and printed copy of your essay in class on the 8th week.
 Submit your essay electronically on the ELearning class

Question
Individual write-up on each topic as assigned in Groups (10 Marks)

MOOT CASE
Question Individual write-up on each topic as assigned in Groups MOOT CASE Otieno, as a result of
not being keen while negotiating a sharp corner at Cheptiret Centre, damaged Kosgey’s car so much
that it had to be taken for repairs at Uangalifu Garage. Before the repairs could be completed the garage
was razed down by fire and the motor vehicle was completely burnt. Kosgey filed a case against Otieno
for compensation at Eldoret Chief Magistrate’s Court. Task: Form the requisite groups for conducting
the hearing of the case and make submissions on whether the case should succeed against Otieno.
Divide yourselves into two groups; for the Plaintiffs and for the Defendants. (5 marks)

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