Day: October 10, 2020

This phrase means that only a person who is party to contract can sue or be sued on it. Dunlop V. Selfridge. It means that by providing consideration a person becomes party to a contract. Tweddle V.Atkinson. It means that Read More …

Damages for non delivery: this remedy is available to the buyer if the seller wrongfully neglects or refuses to deliver the goods as agreed. Specific Performance: this remedy may be applied for if the seller wrongfully neglects to deliver specific Read More …

Whether it is for the buyer to take delivery or the seller to transmit them to the buyer depends on the terms of the contract. Unless otherwise agreed, the place of delivery is the sellers place of business if any, Read More …

Parties are invariably the buyer and the seller. The seller sells or agrees to sell while the buyer buys or agrees to buy goods. Transfer or passing of property from the seller to the buyer. Property in goods must pass Read More …

A partner has become a lunatic or is permanently of unsound mind. A partner is permanently incapable of discharging his obligations as a partner. A partner is continuously guilty of willful breach of the partnership agreement. The partnership business can Read More …

Subscribers are in a position to control membership. Transfer of shares is restricted, members determine who may join. It is the best vehicle for family business. Subject to less statutory formalities e.g. need not publish annual accounts or hold the Read More …

Name clause: describes the name of the company with “Limited” or “Ltd” as the last word thereof for companies Limited by shares or guarantee. Registered office clause: states that the registered office of the company will be situate in Kenya. Read More …

By registration: these are companies incorporated pursuant to the provisions of the Companies Act. Their creation is evidenced by a certificate of incorporation. The company may be public or private. By statute: these are corporations created by Acts of parliament. Read More …

Under the provisions of the Constitution, the Judicial Service Commission consists of: Chief Justice, as chairman, Attorney General Two persons who are for the time being judges of the High Court and Court of Appeal appointed by the president. Chairman, Read More …

Informality: free from technicalities which characterize ordinary courts of law. Speed: it is a faster method of dispute resolution. Cheap: there is a saving on cost. Less acrimonious: it tunes or tones down acrimony. Convenience: parties are free to chose Read More …