KNEC| KASNEB| KISM| Study notes and Revision materials for schools in Kenya. KNEC certificate courses, Diplomas, Higher Diplomas, KISM courses cpsp-k and aps-k, KASNEB cpa, atd, cs, cifa, ccp, dcm, cict and cict, Ksce and Kcpe
• This problem is based on cheques crossed generally but with the words “not negotiable” • In this case it is apparent that Atieno had no title to the cheque and could not negotiate it to Nairobi Harambee Secondary School. The school therefore acquired no title to it or the amount. • The amount is
Criminal cases Civil cases The burden of proof is borne by the prosecution. The prosecution is bound to adduce evidence to prove its case against the accused. The standard of proof is very high as it is beyond any reasonable doubt. The court must be satisfied beyond any reasonable doubt that the
• Under the provisions of the Occupiers Liability Act, cap 34, laws of Kenya, an occupier owes all invitees a common duty of care. This is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor is reasonably safe in using the premises for
Under the constitution of Kenya, a judge may be puisne or judge of appeal. Appointment All judges are appointed by the president acting in accordance with the advice of the Judicial Service Commission. Qualification: To qualify for appointment one must either: • Be an advocate of the High court of the not less than 7
• This problem is based on frustration of contract. • In this case it is apparent that Mpenda Raha had hired a room in a hotel to enable him view the Queens procession but could not do so due to the huge crowds. • It is obvious that Mpenda has no one else to blame
In the words of Anderson B. in Blyth V. Birmingham Water Works Co. negligence is the “omission to do something which a reasonable man, guided upon those consideration which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.” It is the doing of
(i) Spouse and child or children: under section 35 (1) of the Act, where the intestate is survived by a spouse and a child or children the surviving spouse is entitled to: • Personal and household effects of the deceased absolutely. • A life interest in the residue of the net intestate estate. This life
Remedies of the buyer include: • Damages for non-delivery: if the seller wrongfully neglects or refuses to deliver the goods as agreed the buyer may maintain an action against him in damages for non- delivery. • Specific performance: if the seller wrongfully neglects or refuses to deliver specific goods, the buyer may apply for the
• This problem is based on contracts in restraint of trade. • It is evident that Mutiso covenanted not to set up a similar business within a radius of 200 miles from Munyao‟s business for 3 years. • The legal issue is whether Mutiso can open a similar business in Machakos town which is less
Under section 34 of the law of succession Act, a person is deemed to intestate in a respect of all his free property of which he has not made a will capable of taking effect. In such a case the net intestate estate is distributed in accordance with the rules of intestacy. However, under section