Tata Brian's business is keeping and selling healthy, delicious chicken. He always says that the reason why his chicken is the best is because they eat from everywhere, including on the road and in the trenches. So he lets them loose every day so that they 'find their own food'. This morning, a 'mugaaga' who drives a big car stepped and killed one of his prized chickens.
Taata Brian wants one million as compensation for his 'rare' chicken, which would have educated Brian up to university. Does he have a case?
WHAT DOES THE LAW SAY?.
When a person destroys another person's property, the person who destroyed the property is legally supposed to either compensate or replace the property. For example, if you break someone's phone, then this person has every right to demand that you repair their phone. This is the law when this happens when you are legally in a place or at your own property. For example, if someone knocks your animals because they drove into your farm, then you have every right to sue them for damaging your farm property and killing your farm animals.
However, the moment your property was left in a place where it is not supposed to be, then this can get more difficult. (This is called trespassing). One such place is a public road, which is supposed to be used for the movement of people and vehicles.
By law (Roads Act 2019), no one is allowed to graze their animals, or let them wander on a public road. If you forget or allow your animals to be loose on a road, and they end up obstructing the road or causing an accident (or they get knocked), then you are committing an offence, and you may end up paying a fine of up to 480,000 shillings or even being imprisoned for up to one year.
So instead of getting one million for his 'dead chicken, Taata Brian may end up being the one to pay a fine to the road authority.
Do you think the "mugaga" should have instead been made to pay for damages?
Source: BarefootLawyers.
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