“Every man is bound to use his own property in such a manner as not to injure the property of his neighbour and not to cause the discomfort in use and enjoyment of his neighbours property “. House of Lords on St. Hellen smelting Co. v Tipping (1865). Analyse the above statement bringing out clearly the facts in the above case, what the defence Lawyers said and the Judgment of the Court in regard to tort of nuisance

1.(a). Onyango was owner of a piece of Land in Nakuru. Due to bursting of two ancient tankssituated onhis land. Water escaped and caused damage to Kirui’s property and alsoinjured Kirui’s maid, Chemweno. The tanks have been in existence on the land for quitesome time. They were not merely for the benefit of Onyango alone, but for the benefit ofhundreds of persons in Nakuru. Kirui and Chemweno have now sued Onyango fordamages and their claim is founded on the Rule in Rylands v Fletcher. (Court ofExchequer House of Lords).