Day: October 11, 2020

Literal rule: This is the plain meaning rule. It is to the effect that if the wording of the act is clear and exact, it should be accorded the literal natural or dictionary meaning sentences should be given their ordinary Read More …

Declaration: This is a high court order which authoritatively articulates the legal position of the matter before the court for example and a declaration of a persons individual rights. The order is incapable of being executed. Prohibition: This is an Read More …

A Consolidating Statute: is one which brings together into a single Act of Parliament the contents of a number of Acts in a particular subject for example the Companies Act, Cap 486. It does not usually change the law. A Read More …

The writ system Delay Procedural technicalities Inadequate remedies Absence of appellate function Non-recognition of trust Encouraged bribery Inadequate protection of borrowers

Law of Contract: This is a branch of commercial law which deals with the rules governing contracts generally e.g. types of contracts, elements of a contract, terms vitiating factors, illegality, discharge remedies et.c. Law of property: This branch of law Read More …

If the agent has expressly or implied consented to personal liability. If the principal does not exist or has no capacity to contract (Kelner V. Baxter). If the agent had represented or held himself out as the principal. If the Read More …

The rule in Rylands V. Fletcher is the rule of strict liability or liability without fault. This rule is to the effect that a person who for his own purpose brings to his land and keeps there anything likely to Read More …

Lapsing: a legacy lapses in circumstances in which the beneficiary predecease the donor. Ademption: a legacy deems if a particular subject matter bequeathed to a  particular beneficiary does not belong to the testator or does not exist. Abatement: a legacy Read More …

Provide and pay out of the deceased’s estate, reasonable funeral expenses. Get in all the free property of the deceased including debts. Pay out of the deceased’s estate, all expenses of obtaining the grant of representation and administration. Ascertain and Read More …

Under the provisions of the Law of Succession Act, a will is the legal declaration by a person of his intentions or wishes regarding the disposition of his property after death duly made and executed in accordance with the provisions Read More …