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Day: October 9, 2020

Administrator cum testamento annexo in relation of the law of succession

This is a person appointed by the court to administer a deceased’s estate in accordance with the will as though he were an executor. The appointment is made on application if the testators will does not appoint an executor, or Read More …

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Doctrine of survivorship in relation of the law of succession

This doctrine is to the effect that where two or more persons die in circumstances rendering it uncertain as to which of them survived the other (s) the death is presumed to have occurred in the order of seniority and Read More …

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Circumstances that a person who is a citizen under naturalization or registration is deprived of citizenship

Section 94 (1) of the Constitution sets out the grounds upon which the minister may revoke the citizenship status of a registered or naturalized citizen. The minister must be satisfied that the citizen: Has by act or speech shown himself Read More …

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Categories of persons eligible to be naturalized as citizens in Kenya

Under section 93 (1) of the Constitution, any foreigner desirous of becoming a citizen of Kenya may apply to the minister for naturalization. The constitution prescribes the minimum conditions an applicant must fulfill. The minister must be satisfied that the Read More …

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Definition of the term “domicile,” examples and types of domicile

Domicil: This is the country of permanent residence. It is the country in which a person has or is deemed by law to have a permanent home. Kenyan law on domicil is contained in the Law of Domicil Act, Cap Read More …

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Ways in which a person can lose ownership in relation to law of property

Loss of ownership By a voluntary act e.g. transfer Retransfer Operation of law, e.g. death or bankruptcy Displacement by new owner (adverse possession). Destruction of tangible assets. Lapse of time or discharge for tangible assets. Abandonment. Extinction or forfeiture Chose Read More …

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Ways in which ownership can be acquired in relation to law of property:

Acquisition of ownership Asserting ownership over things not previously owned by any other person. Adverse possession Purchase from a previous owner Without the owners consent, e.g. by court order Inheritance Intestacy.

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Distinction between ownership and possession in relation to law of property

Ownership: Confers certain basic rights over the property for example rights to exclusive use, possession, misuse  and disposition. The proprietor may part with possession by choice. It is a question of law. Possession: This is the mere fact of holding Read More …

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Principle in the rule in Dunlop Pneumatic Tyre Co. Vs. Selfridge & Co. Ltd, (1915)and the exceptions

The principle enunciated or applied in this case is the fundamental rule of privity of contract which is to the effect that Only a person who is party to a contract can sue or be sued on it. Only a Read More …

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Distinction between Law of succession and law of trust

The law of succession is concerned with the disposition of property after death. It deals with the devolution of a deceased’s estate It is concerned with ascertaining and giving effect to the wishes of the deceased and providing for dependants. Read More …

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