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.
maurice.mutuku answered the question on May 3, 2018 at 07:27
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