Wednesday, November 28, 2012

HUSENI KIJUU v. BURA LESSO (1967) HCD 421


 (PC) Civ. App. 113-D-67, -/11/67

Hamlyn J.
Plaintiff sued defendant for the loss of his bull as a result of a fight with a bull owned by defendant.

HELD:
There was no evidence that the bull was one known to be savage or to have a propensity for attacking other animals of its own species. As the animal was of a domesticated breed, no onus lay upon defendant to guard against unforeseen attack by it. Plaintiff’s appeal dismissed.

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