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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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