Muhoroni Sugar Company Limited v Chemeros Limited
Muhoroni Sugar Company Limited v Chemeros Limited (Civil Case No. 9 of 1947 of Kisumu District Registry) [1947] EACA 85 (1 January 1947)
The court found that the fire was lit by the defendants' servants on the defendants' land without taking proper precautions, constituting negligence. The rule of absolute liability from Rylands v. Fletcher applied, making the defendants responsible for the damage caused by the fire's spread to the plaintiffs' property. The liability was not affected by the Control of Grass Fires Ordinance, 1941, as section 16 preserved the right to civil damages. The acts of the servant were deemed to be within the scope of employment and for the benefit of the master, thus vicarious liability attached. The c…
Source excerpt
- Negligence
- Absolute Liability
- Vicarious Liability
- Damage By Fire
- Statutory Interpretation