The over hanging branches on F's land constituted the tort of nuisance which is not
actionable per se.
In this case F was entitled to cut down the overhanging branches of the mango tree to abate
the nuisance. But F did something more in that he gave away all the ripe mangoes from the
fallen branches to children.
The legal principle in this case is that whereas the branches overhanging F's land amounted
to nuisance and F did the needful by cutting them down the ripe mangoes from the
branches belonged to G and giving them away amounted to conversion for which G has an
action against him in damages.
This position is consistent with the common law which postulates that where overhanging
branches of fruit trees extend beyond the boundary of the owners land, a neighbour, though
entitled to lop the overhanging branches is guilty of conversion should he appropriate the
fruit growing thereon. (Mills V. Booker (1919).
maurice.mutuku answered the question on May 1, 2018 at 08:00
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