buyer to accept and pay for them. Explain the meaning and effect of this Act. Namweya and Nabayi are both tenanis and nelishos. Nakuru. Namweya runs is posho-mill business on the premises as "Transforming Lives through Quality Education" Iniversity is 1509001:2008 Certificd AGBM 401 her neighbour Nabayi. The posho-mill is diesel powered and when in use causes a lot of vibrations. Recently, as a result of the vibrations from the posho-mill, a beam fell from the roof of the adjoining house occupied by Nabayi and injured her. Nabayi claims that the vibrations of the posho-mill have been a nuisance and has, as a result, sued Namweya for damages. Explain the legal principles applicable in this case and advise both Namweya and Nabayi (7 marks) (6 marks) in Page 2 of 3

In this case, the legal principles applicable are nuisance and negligence.<br /><br />Nabayi, as the plaintiff, has the burden of proving that the vibrations caused by Namweya's posho-mill business constitute a nuisance. A nuisance is an act that interferes with the use and enjoyment of another person's property. In this case, Nabayi must demonstrate that the vibrations have significantly interfered with her use and enjoyment of her property.<br /><br />Namweya, as the defendant, has the burden of proving that he took reasonable care to prevent the vibrations from causing harm. Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another person. Namweya must show that he took appropriate measures to minimize the vibrations and prevent them from causing harm to Nabayi's property.<br /><br />In advising both parties, Nabayi should gather evidence to support her claim that the vibrations have been a nuisance. This may include documentation of the frequency and intensity of the vibrations, any damage caused to her property, and any impact on her use and enjoyment of her property. Nabayi should also consider seeking expert testimony to support her claim.<br /><br />Namweya should gather evidence to support his claim that he took reasonable care to prevent the vibrations from causing harm. This may include documentation of any measures taken to minimize the vibrations, such as installing vibration dampeners or reducing the operating hours of the posho-mill. Namweya should also consider seeking expert testimony to support his claim.<br /><br />Ultimately, the court will determine whether the vibrations constitute a nuisance and whether Namweya acted with reasonable care to prevent harm. Both parties should be prepared to present their evidence and arguments to the court.