Rules used in interpretation of statutes:- Literal rule: This is the primary rule of interpretation. It requires judges to interpret the words of a statute according to their grammatical or dictionary meaning Mischief rule: Under this rule the court will Read More …
Month: September 2020
Explain five powers of the Business Premises Rent Tribunal in your country.
Powers of the Business Premises Rent Tribunal in your country. To fix the amount of service charge if included in the rent payable. To determine whether or not any tenancy is controlled tenancy. To determine or vary the rent payable Read More …
In relation to the judicial system in your country, explain the legal provisions governing the following: Jurisdiction of the High court.
Jurisdiction The High Court shall have unlimited original jurisdiction in criminal and civil matters. Jurisdiction to determine the question whether a right or fundamental freedom in the bill of rights has been denied, violated, infringed or threatened. Jurisdiction to hear Read More …
In relation to the judicial system in your country, explain the legal provisions governing the following: Composition of the High court.
Composition of the High Court The High Court shall consist of the number of judges prescribed by an Act of Parliament. There shall be a Principal judge of the High Court who shall be elected by the judges of the Read More …
In relation to the judicial system in your country, explain the legal provisions governing the following: Establishment of the High court.
The High court is established by Section 165 (1) of the Constitution. It ranks below the Court of Appeal.
The judiciary is the arm of government that is concerned with application of law in adjudicating over legal disputes. Explain five functions of the judiciary
Function of Judiciary The judiciary comprises of various courts of law and there presiding officers, including the Judicial Service Commission. Each court has specific jurisdiction but the general functions include the following: (Depending on the particular court or judicial officer) Read More …
In its supervisory jurisdiction and civil jurisdiction, the high court can grant remedies that ensure the www.masomomsingi.co.ke Page 5 enjoyment of fundamental rights by individuals. Identify five remedies that may be granted by the high court to enforce the enjoyment of fundamental rights and freedoms of citizens.
Remedies that may be granted by the High Court to enforce the enjoyment of fundamental rights and freedoms of individual’s. The High court has exclusive powers under the constitution to grant special orders for the enforcement of fundamental rights Read More …
Discuss the constitutional concept of separation of powers and ways in which it can be applied in your country
Constitutional concept of separation of powers and ways in which it can be applied in your country Under the doctrine of separation of powers, reference is usually made in relation to groups or bodies with administrative powers or authority. These Read More …
Explain three advantages of arbitration as a form of settlement of disputes over the court process
The advantages of arbitration as a form of settlement of disputes Time saving It is a faster method of dispute resolution. It is convenient i.e. parties are allowed to determine;- Number of arbitrators Venue of proceedings Language to use etc. Read More …
Explain the meaning of the term arbitration.
Meaning of the term arbitration This is a method of settlement of civil disputes out of court by arbitrators or arbitral tribunals that make arbitral awards. A dispute may be referred to arbitration by the disputing parties, statute or a Read More …