Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the bus burst and Msafiri was injured. He went to hospital...

      

Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the
bus burst and Msafiri was injured. He went to hospital where he was treated and
discharged. Five years later Msafiri brings action against owners of the vehicle for
recovery of damages.
Identify the tort that may have been committed and explain the possible defenses available to the defendant.

  

Answers


Maurice
This problem is based on the tort of negligence.

The bus company owed Msafiri a legal duty of care but due to a breach of that duty that is,
the failure to maintain the bus, Msafiri was injured.

From the date of the accident Msafiri has a cause of action against the bus company but
did not do so until after five years.

Msafiri has no enforceable action against the bus company as it is statute barred.

Under the provisions of the Limitation of Actions Act, Cap 22, actions based on the
tort of negligence become statute barred after three years.
maurice.mutuku answered the question on May 2, 2018 at 12:37


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