Mr. Karanja signed blank cheques and left them with his wife to draw cash while he was away attending to business affairs. Mrs Karanja instructed Hatari, a clerk in the firm of Karanja and Karanja Associates to fill in the cheques. Hatari filled in the amount leaving a gap after the words “Sh.” and wrote the amount in words from the middle of the line without using a capital letter. Hatari showed the cheques to Mrs Karanja written “Sh. 50,000” and fifty thousand only.” He was authorized to encash the cheque. However before presenting the cheque for payment Hatari added figure “3” to the amount in figures and “three hundred” in the words. He encashed the chequed for Sh. 350,000. He then gave Mrs. Karanja Sh. 50,000 only. These facts have come to light after Hatari’s resignation and Mr. Karanja intends to sue his bankers. Advise the bank

Mr. Karanja signed blank cheques and left them with his wife to draw cash while he was away attending to business affairs. Mrs Karanja instructed Hatari, a clerk in the firm of Karanja and Karanja Associates to fill in the Open …

Mwangi has stolen some goods from Simiyu. The police prosecute Mwangi for theft and Simiyu sues him for the return of the goods. (i) Explain under what law the action by the police will be based. (ii) In this action by the police, state what Mwangi will be called. (iii) Under what law would the action brought by Simiyu be and what would Simiyu be called?

Mwangi has stolen some goods from Simiyu. The police prosecute Mwangi for theft and Simiyu sues him for the return of the goods. (i) Explain under what law the action by the police will be based. (ii) In this action Open …

Sauti Cleaners Ltd. offered to clean two garments for the price of one. A notice was displayed in the shop to this effect but with the addition in smaller print of a statement that he customer must agree in return to accept full responsibility if anything should happen to the garments. A similar statement was printed on the back of the tickets which were handed to customers when they disposed the garments. Nabayi bought two garments for cleaning.

Sauti Cleaners Ltd. offered to clean two garments for the price of one. A notice was displayed in the shop to this effect but with the addition in smaller print of a statement that he customer must agree in return Open …

Simiyu wishes to buy his son a car as a birthday present. Wheeler-Dealer offers to sell to Simiyu a second-hand car explaining that the brakes need attention and that he would reduce the price to take account of this. Wheeler-Dealer says that he will take no responsibility for this or other defects. Simiyu accepts the offer without examining the car. If he had done so, he would have seen that the tyres were badly worn out. Simiyu drives away the car but because of defects it fails to negotiate a bend in the road. The car loses control, strikes a wall and is damaged beyond repair. Advise Simiyu of his rights, if any, against Wheeler-Dealer.         

Simiyu wishes to buy his son a car as a birthday present. Wheeler-Dealer offers to sell to Simiyu a second-hand car explaining that the brakes need attention and that he would reduce the price to take account of this. Wheeler-Dealer Open …

Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo Rahisi Ltd., a hire purchase firm last year. The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000 and the balance was payable by monthly instalments of Sh. 5,000. After paying instalments for six months, he defaulted. Malipo Rahisi ltd. Promptly repossessed the goods. Discuss the legal position.    

Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo Rahisi Ltd., a hire purchase firm last year. The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. Open …

Beeky and Beth entered into a partnership selling girls‟ clothing under the registered name of „Girlie.‟ Becky, without consulting Beth set up a boy’s clothing shop under the registered name “BOYZ Clothes” while retaining her partnership with „Girlie‟. This has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky admission to the firm‟s premises and will not discuss the position with Becky. Beth wishes to dissolve the partnership and would like Becky to account for profits she has derived from “BOYZ Cloths.”. Advise Beth.

Beeky and Beth entered into a partnership selling girls‟ clothing under the registered name of „Girlie.‟ Becky, without consulting Beth set up a boy’s clothing shop under the registered name “BOYZ Clothes” while retaining her partnership with „Girlie‟. This has Open …

Karanja has been a tenant in Wamalwa’s house for the last three months. The parties had executed a lease for a period of one year. However, Wamalwa is aggrieved as Karanja has broken all the doors in the house following several fights with his wife. Wamalwa now seeks your advice on the various ways in which he may terminate the lease agreement and lawfully evict Karanja. Advise Wamalwa.     

Karanja has been a tenant in Wamalwa’s house for the last three months. The parties had executed a lease for a period of one year. However, Wamalwa is aggrieved as Karanja has broken all the doors in the house following Open …

In relation to the law of property, explain the difference between each of the following; (i) Ownership and possession. (ii) Fee simple and leasehold.

In relation to the law of property, explain the difference between each of the following; (i) Ownership and possession. (ii) Fee simple and leasehold. i) Difference between Ownership and possession Ownership Possession •           Is proprietary in nature as it confers Open …

Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it against fire with Linda Mali Insurance Co. Ltd and Pokea Insurance Co. Ltd for Sh. 15 million and Sh. 10 million respectively. He also insured his household goods against burglary with Lipa Insurance Co. Ltd. for Sh. 5 million. One night while he was away, burglas broke into the house, stole all household goods and set the house on fire completely destroying it. Akili Mingi claims the sum assured from the three insurance companies. Advise them.

Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it against fire with Linda Mali Insurance Co. Ltd and Pokea Insurance Co. Ltd for Sh. 15 million and Sh. 10 million respectively. He Open …