CJS E211 Lecture 14: CJS E211- Class 14
Document Summary
Capacity to sue or be sued in tort: the government takes responsibility in respect of torts committed by its servants or agents. A wife can sue her husband in tort for the protection of her own property: president is not liable to any proceedings whatsoever in any court. V) heads of foreign states, diplomats of foreign missions enjoy immune from the jurisdiction of the local courts. Vi) corporations can sue and be sued in their own names also liable to actions in tort. Vii) the trade unions have capacity to sue in tort but actions against them in tort are limited e. g. in case of a strike called by the members the employer cannot take action against the trade union. Viii) persons of unsound mind: these are generally liable in tort unless intent is a necessary element. (d) defamation e. g. justice ombija vs kcb year 2008.
