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Jemshah
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Enlightened
Asked: 2023-01-20T05:14:21+00:00 In:

Jackson sneaked into Maiba’s compound at dawn with the intention of stealing mangoes from a mango tree within the compound. As Jackson walked towards the tree, he fell into an open pit dug by Maiba to construct a latrine. Maiba found him still inside the pit, with a broken leg, where he confessed his intentions. Explain whether Maiba can successfully sue Jackson for trespass. (10 marks)November 2022

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Jackson sneaked into Maiba’s compound at dawn with the intention of stealing mangoes from a mango tree within the compound. As Jackson walked towards the tree, he fell into an open pit dug by Maiba to construct a latrine. Maiba found him still inside the pit, with a broken leg, where he confessed his intentions.

Explain whether Maiba can successfully sue Jackson for trespass. (10 marks)November 2022

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    Enlightened
    1. Unauthorized entry: Jackson sneaked into Maiba’s compound at dawn with the intention of stealing mangoes, which constitutes an unauthorized entry onto Maiba’s property.
    2. Intent: Jackson had the intent to steal mangoes which is a criminal activity, and that constitutes trespass.
    3. Damage: Jackson caused damage to the property by falling into the pit that was dug by Maiba for a latrine, which shows that Jackson’s actions caused harm to the property.
    4. Possession of property: Maiba has possession of the property and has the legal right to exclude others from entering the property without permission.
    5. Notice of Trespass: Maiba has the right to give notice of trespass to Jackson and ask him to leave the property or face legal action.
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