Legal principle in this case is strict liability
(Ryland V Fletcher)
Anyone who brings or collects anything on his land which is likely to do harm if it escapes must keep it at his own risk otherwise he will be liable for the consequences of such an example.
For the rule to apply;
- There must be a non-natural user of the land.
- There must be an escape from the defendant land to a place outside his occupation.
- The plaintiff must have suffered harm.
In this case, Ambrose Mpaka is still liable even if he had employed Mpole, an independent contractor. (This is under strict liability).