Atieno and Nafula are neighbours in Kijiji Bandi village. Last year, Atieno quarreled with Natula‟s employee, Nafula‟s employee collected stinking rubbish from a compost heap in Nafula‟s compound and threw it into Atieno‟s compound. Atieno is aggrieved by this action and seeks your legal advice. Advice as to her legal rights and course of action to take

• This problem is based on the principle of vicarious liability.
• In this case Nafula is the master and her employee the servant.
• As the master, Nafula is liable for torts committed by her employee in the course of her employment.
• It is apparent that by throwing rubbish into Atieno‟s compound, Nafula‟s employee was not acting in the course of her employee and Natula is therefore not liable.
• My advise to Atieno is that since her proprietary rights have been violated she has an
actionable claim against Nafula‟s employee in damages.

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