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Day: October 8, 2020

Postal rules that govern offer and acceptance where contracts are communicated and concluded through post

October 8, 2020 MJ

Postal rules of acceptance Where the offeror expressly or by implication authorises the offeree to communicate his acceptance by post, acceptance is deemed complete when a properly addressed and stamped letter is posted not withstanding any miscarriage in the course Read More …

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Term prospectus and the contents of a prospectus

October 8, 2020 MJ

Section 2(1) of the Companies Act, Cap 486, Laws of Kenya defines a prospectus as “any prospectus, notice circular, advertisement or other invitation offering to the public for subscription or purchase any shares or debentures of a company.” The contents Read More …

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Distinction between a memorandum of association and articles of association

October 8, 2020 MJ

Memorandum of association This is one of the so called constitutive documents. It is the external constitution of the company. It regulates the relations between the company and third parties. It is the company’s charter. Contents include, name of the Read More …

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Distinction between Statutory corporations and limited companies

October 8, 2020 MJ

Statutory Corporations These are incorporated associations created by statute. They owe their existence to an Act of Parliament. The Act provides them with a name and prescribes its objects The corporation is a body corporated with perpetual succession limited liability Read More …

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Role of the office of the Attorney General in the prosecution of criminal offences.

October 8, 2020October 8, 2020 MJ

Under section 26(3) and 4 of the Constitution the Attorney General is empowered to; Institute and undertake criminal proceedings against any person before any court other than a court martial for any alleged offence. Take over and continue any criminal Read More …

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Establishment and jurisdiction of the Rent Tribunal.

October 8, 2020October 8, 2020 MJ

RENT TRIBUNAL Establishment: it is established by section 4 (1) of the Rent Restriction Act, Cap 296. Composition: it consists of a chairman appointed by the minister. To qualify for appointment as chairman, one must be an advocate of not Read More …

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Circumstances in which an offer may lapse.

October 8, 2020October 8, 2020 MJ

Insanity: the unsoundness of mind of the offeror or offeree terminates an offer. The offer lapses when the fact of insanity if communicated to the other party. Failure of a condition subject to which the offer was made: a conditional Read More …

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Meaning of judicial precedent.

October 8, 2020 MJ

This is stare decisis It is a system of administration of justice whereby previous decisions are relied upon in subsequent similar cases. The precedent or earlier decision becomes the source of law for subsequent cases. Forms of judicial precedents Original Read More …

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Distinction between a criminal wrong from a civil wrong

October 8, 2020 MJ

Criminal wrong This is an act or omission committed or omitted in violation of public law. It is a wrong against the state. Examples include murder, rape, drunken driving, incitement to violence causing death by dangerous driving, incest assault theft Read More …

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Rules that govern statutory interpretation

October 8, 2020 MJ

Literal rule This is the basic rule statutory interpretation. It is to the effect that if the words of the statute are clear and exact, they should be given their literal or plain or dictionary meaning. Sentences should be given Read More …

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