Private Nuisance: This is the unlawful interference of a person’s use of land or right over or in connection with his land. It entails an unreasonable behaviour which interferes with another persons use of his land. It affects the individual Read More …
Month: September 2020
Meaning of Private Nuisance and Private Nuisance
Private Nuisance: This is the unlawful interference of a person’s use of land or right over or in connection with his land. It entails an unreasonable behaviour which interferes with another persons use of his land. It affects the individual Read More …
Doctrine of equitable estoppel and the circumstances under which it arises
The doctrine of equitable estoppel was developed to mitigate the harshness of the common law rule of consideration where a promisee had relied upon a promise and changed his legal position to his detriment. It is an equitable intervention. The Read More …
Powers of the Business Premises Rent Tribunal as provided under the Landlord and Tenant Act of the laws in Kenya
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 in respect of any controlled tenancy. To a portion rent Read More …
Factors that may undermine the rule of law in Kenya
A judiciary without independence Violence of whatever character for example riots, mutiny insurrection. Selective prosecution of suspects Corruption Poverty Overzealous president and Cabinet Secretaries (disobeying court orders).
Meaning of The rule of law.
The concept of rule of law is a framework developed by Dicey on the basis of the English legal system. It is also described as the due process. According to Dicey rule of law comprises three distinct conceptions namely. Absolute Read More …
Meaning of Supremacy of the constitution
Supremacy of the constitution means that the constitution is the supreme law of the land. It means that it prevails over all other laws. It means that all other laws derive their validity from the constitution. The constitution embodies the Read More …
Evolution of the doctrine of equity, and its contribution to the legal system in Kenya
Equity means fairness or justice. It is a branch of the law of England which was developed by the various Lord Chancellors courts to supplement the common law. Equity developed to make the common law a complete system of rules. Read More …
Instances when a person shall be lawfully deprived of personal liberty
A person shall be lawfully deprived of personal liberty in certain circumstances: In execution of the sentence or order of a court in respect of a criminal offence of which he has been convicted. In execution of a court order Read More …
Circumstances when a person shall not be regarded as having been deprived of his life in contravention of the provisions of the Constitution if he dies as a result of the use of force
Under the provisions of the Constitution of Kenya, a person is not regarded as having been deprived of his life, if he dies in the following circumstances: For the defence of any person from violence For the defence of property Read More …