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Monica and Kim are neighbors in Elgon view estate. Monica has grown avocado trees whose branches bend to Kim’s compound. Last time avocado fruit fell into Kim’s compound and injured his one year old son who was playing in his father’s compound. Kim told Monica that unless when cut the overgrown branches with one week he would do so himself. Monica refused to cut the branches within one week , Kim took a ladders which he placed inside his compound and cut all the branches that had overgrown into his compound. Monica is aggrieved, and seeks legal advices.
(i) Explain the legal principles applicable.
(ii) Advice Monica on her legal rights.
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