Day: September 22, 2020

Section 29 of the Law of Succession Act, defines the term “dependant” by identifying the categories of persons who in law are deemed to be dependants. The wife or wives and former wife or wives of the deceased.  Children Read More …

Under the provisions of the Law of succession Act, A will is the legal declaration by a person of his intention or wishes regarding the disposition of his property after death duly made and executed in accordance with the provisions Read More …

The buyer can reject the goods for breach of a condition to be performed by the seller for example.  If the seller delivers more goods than the quantity contracted for.  If the seller delivers less goods than the Read More …

Credit sale This is a sale on credit. This is a contract of sale of goods whereby the purchase price is payable by five or more instalments. The property in this case passes on the payment of the first instalment Read More …

Conditions Right to sell: Under sect 8(1) of the Hire purchase Act, there is an implied condition that the owner will have the right to sell the goods when property is to pass. Fitness for purpose: Under sec 8 (2) Read More …

Acceptance is one of the basic elements of a contract. Acceptance of an offer gives rise to an agreement between the parties. Question is whether acceptance must be communicated to the offeror in all cases. The answer to this question Read More …

A mentally disordered person is subject to certain disabilities or incapacities for example. Has no capacity to enter into a contract. Has no capacity to have a domicile of choice Has no capacity to make a will. Has no capacity Read More …

Legal Personality Once an unincorporated association is incorporated it becomes a body corporate with rights and subject to obligations, with certain capacities and incapacities. This is the most fundamental attribute of incorporation from which all other consequences flow. This is Read More …

The Resident magistrate court Establishment It is established by section 3 (I) of the Magistrates Court Act, Cap 10, Laws of Kenya, as a sub-ordinate court. Composition The court is duly constituted when held by; the chief magistrate, senior principal Read More …

Constitution This is a body of basic rules and principles by which a society has resolved to govern itself or regulate its affairs. It contains the agreed content of the political system and the basic structure of government e.g. Executive, Read More …