Mwampatafye Burgundy, of Burgundy and Sons Ltd, operates a cement factory on the edge of Kafue town. The factory was established in the 1960s and now provides work for approximately 200 local residents, having expanded rapidly over the last 5 years when Mwampatafye managed to secure a lucrative contract to supply cement overseas. Over that period new private housing estates have been built close to the factory, as the town of Kafue town has expanded and surrounding fields have now become residential areas. Recently local residents have been complaining about noise and dust emitting from the factory. Also the factory recently started to operate on a 24-hour basis due to increased demand. Local residents can hear the heavy machinery both day and night.

Dust has destroyed plants in Mambwe's garden. Her daughter, Dina, suffers a skin disease as result of stress from the constant noise. On one particular occasion, there was an explosion in the factory and bits of cement landed on resident's homes and cars; some residents' homes had their windows shattered. Mr. Habulonga Hamalala, a local farmer, complained that since the explosion, his hens had stopped laying eggs.

Advise Mwampatafye as to his potential liability in tort.