The legal principle applicable in this case is whether an occupier owes a common duty of
? care to a trespasser.
Under the Provisions of the Occupiers Liability Act, Cap 34, an occupier owes all invitees a
common duty of care to ensure that they are reasonably safe in using the premises for
purposes for which they are invited or permitted to be there.
Under the Provisions of the Occupiers Liability Act, an occupier owes no common duty of
care to trespassers. However, the occupier must not injure the trespasser.
In this case, it is evident that Jambazi is a thief and that's why he sneaked into Cassman
Greens compound. He is for all purposes a trespasser.
My advise to Jambazi is that he has no actionable claim against Cassman Green for the
injuries as Cassman Green owes him no common duty of care.
He has no one to blame.
My advise is consistent with the provisions of the Occupiers Liability Act.
maurice.mutuku answered the question on April 25, 2018 at 08:55
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