interference against person's property

Question 1

defences

Answer 1

consent/ licence

lawful authority/justification by law

necessity: cope v sharp (fire) (tight rein defense)

Question 2

remedies (4)

Answer 2

1. Damages
2. injunction/ ejection

(3 requirements when to offer damages and injunctions together- small, estimatable, adequately be compensated)

3. re-entry (for land)
4. mesne profits ( for land)

Question 3

trespass to land (actionable per se- no need for any actual damage to the land)

          define land (anything under, on the surface and the 
airspace above)
          who can sue? anyone with an interest in the land.

Answer 3

3 elements:
1. LAND INVOLVED
2.land must be in the claimant’s POSSESSION (Right to exclude others from the land)
3. defendant must INTEREFERE (direct and physical) with the land. interference covers(4);
entry, abuse of the right to enter, remaining on the land after expiry, placing things or throwing

CASE: M’KANYA 1984 CASE ( what is possession?)

Question 4

trespass to chattel/goods (actionable per se- no damage must have occured):

1. conversion
2. wrongful delivery
3. conversion by estoppel

Answer 4

motive is unnecessary

NTHENGE V WAMBUA (damages not limited to actual damages)

1. conversion: The tort of conversion is committed by
   unlawful interference with the plaintiff’s title in the goods:
   HOLLINS V FOWLER (2 types of conversion): taking and detention.
2. wrongful delivery(no lawful justification): HOLLINS V FOWLER
3. conversion by estoppel (refusal to deliver): SETON LAING CASE on bailor & bailee.

Question 5

trespass to airspace

Answer 5

CASE: KELSEN V IMPERIAL TOBACCO (signed 8 inches encroaching on the plaintiff’s land)
includes also things hanging from the top; no attached to the land.