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Day: October 13, 2020

Distinction between a freehold from a leasehold ownership of land

Freehold ownership of land: This is a situation where the bundle of rights conferred upon the holder are exercisable for an indefinite duration. The state cannot determine the duration though it is the granting authority. A freehold owner can transmit Read More …

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Concept of illegality of contracts and types of contracts that are considered illegal

Illegality does not necessarily mean that a criminal offence is involved. It means that the contract cannot be enforced by reason of being contrary to the public good or does not promote the public good. It is contrary to public Read More …

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Facts that a party seeking rectification must prove before the court can rectify the contract

Rectification is the process whereby a document, the meaning of which has already been ascertained is rectified so that it gives effect to the intention of the parties. It is a remedy concerned with defects not in the making but Read More …

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Conditions that an alien must satisfy before being granted citizenship in Kenya

An alien may become a citizen of Kenya by naturalization or registration. Naturalization: under section 93 (1) of the Constitution any alien may become a citizen of Kenya by making a formal application to the minister. The minister must be Read More …

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Contribution of the courts of law to justice and social order in Kenya

Prevention of anarchy: Courts of law assist in the prevention of anarchy in that they act as guardians of the law by ensuring that people do not take the law into their hands. They ensure that giants, dwarfs, young, old, Read More …

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Forms of dispute resolution other than the courts of law.

Negotiation: this is an alternative dispute resolution mechanism which involves the process of interaction between disputing parties and without compulsion by a 3rd party adjudicator, the parties endeavour to come to an interdependent joint decision concerning the terms of agreement Read More …

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Extent to which common law differ from equity

Common law may be described as a branch of the law of England which was developed by the ancient common law courts e.g. Court of Exchequer, Kings Bench and Common Pleas from customs, usages and practices of the English people. Read More …

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Meaning of the term “statute” and the advantages of statute law

“Statute” literally means Act of Parliament. This is law made by parliament in exercise of the legislative power conferred upon it by the Constitution. A statute begins as a Bill which goes through several stages to become so. Examples include Read More …

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