Salient features of a limited partnership Must not consist of more than twenty people, or in the case of banking ten. One of the partners must be a general partner. A general partner is liable for all the debts of Read More …
Month: September 2020
Explain three rules that the court may apply in interpretation of a statute
Rules that the court may apply in interpretation of a statute Over the years, courts have developed rules which they rely upon to guide them when interpreting a statute or a delegated legislation. These rules include:- (i) The literal Read More …
Explain the conditions necessary for the remedy of “mandamus” to apply
Conditions necessary for the remedy of “mandamus” to apply Mandamus: It is “the command”. It is granted by the High Court to a person or organ exercising a public duty and requires such a person to do that which is Read More …
Explain the jurisdiction of the land disputes tribunal
Jurisdiction of the lands disputes tribunal The land disputes tribunal is established by the Land Disputes Tribunals Act Cap 303 Laws of Kenya. Under Section 3 of the Act, the tribunal hears and determines all cases of a civil nature Read More …
Highlight the circumstances under which a court might set aside an award
Circumstances under which the court my set aside an award Error by arbitrator Material defect in the award Omission by the arbitrator
Explain four reasons why a judge in the High Court would issue the writ of certiorari.
Four reasons a judge in the high court would issue certiorari are: To secure an impartial trial. To review an excess of jurisdiction. To challenge an ultra vires act. To correct errors of law on the face of record. To Read More …
Duties of the Attorney-General in your Kenya.
Functions of the Attorney General Is the principal legal adviser to the government Represents the government in court Appears as a friend of the court in any civil proceedings to which the government is not a party. Promote, protect and Read More …
Discuss two advantages and two disadvantages of “stare decisis”.
Advantages of stare decisis (i) Certainty and Predictability The doctrine of stare decisis introduces an element of certainty and uniformity in the administration of justice. (ii) Flexibility Because of the freedom that the final Court of Appeal usually has to Read More …
Describe the various types of jurisdiction of the High court in your country.
Various types of jurisdiction of the High court in your country Supervisory Jurisdiction The High Court in exercising supervisory jurisdiction in any civil and criminal proceedings before subordinate courts and may make such orders, issue such writs and give such Read More …
A party making an application to the High Court to set aside an arbitral award must furnish proof of certain matters. With reference to the above statement, describe the proof that the party must furnish.
The party making the application must furnish proof; That a party to the arbitration agreement was under some incapacity. The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings. Read More …