Annan agreed to paint Angela’s house at an agreed price. When Annan had finished the work. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the doors. Annan fell ill and could not complete the work. Angela refused to pay Annan the contractual price, claiming that the contract had not been fully executed and that therefore he was entitled to be paid only a reasonable sum for the work he had actually undertaken. This, Annan claimed, was much less than the contract price. Advise Annan

Annan agreed to paint Angela’s house at an agreed price. When Annan had finished the work. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the Read More …

Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and seeks your legal advice on what options they can take to realize the security. Advise White bank

Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and Read More …

Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick’s factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production. Advise Derrick in regard to his rights, if any, against Desmond.

Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick’s factory was at a standstill during this period and he lost Read More …

Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick’s factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production. Advise Derrick in regard to his rights, if any, against Desmond

Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick’s factory was at a standstill during this period and he lost Read More …

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 Read More …

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 Read More …

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 Read More …

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 Read More …

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. Read More …

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 Read More …