Explain each of the following rules of Statutory Interpretation; (i) Noscitur a sociis; (ii) Ejusdem generic; (iii) Mischief rule. ANSWER Noscitur a sociis This rule is to the effect that words of doubtful meaning derive the colour and precision from Open …
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Define Statute law and discuss its advantages
Define Statute law and discuss its advantages ANSWER Statute law: This law made by parliament directly in exercise of legislative power conferred upon it by the constitution. For example Judicature Act, Kadhis Court Act, Companies Act. Statute law is recognized Open …
Inspector Sniff, offered a reward to anyone who would assist in giving information that could lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in the city. The reward of Kshs 100,000 was advertised in the local dailies. Ole Ndume who did not know of the reward volunteered information to inspector Sniff and Rastara was arrested and convicted. However inspector Sniff did not give Ole Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt of the reward. He seeks your legal advice on whether he can successfully claim the reward. Advice Ole Ndume
Inspector Sniff, offered a reward to anyone who would assist in giving information that could lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in the city. The reward of Kshs 100,000 was advertised in the Open …
Jambazi sneaked into Cassman Green‟s compound with the intention of breaking into his car and stealing a radio cassette. As he was walking towards the car park, he fill into a pit which Green had dug to construct a water reservoir. As a result Jambazi was seriously injured. Jambazi now seeks your legal advice as to whether he can successfully sue Green. State the legal principles applicable to the above facts and advise Jambazi
Jambazi sneaked into Cassman Green‟s compound with the intention of breaking into his car and stealing a radio cassette. As he was walking towards the car park, he fill into a pit which Green had dug to construct a water Open …
Jambazi sneaked into Cassman Green‟s compound with the intention of breaking into his car and stealing a radio cassette. As he was walking towards the car park, he fill into a pit which Green had dug to construct a water reservoir. As a result Jambazi was seriously injured. Jambazi now seeks your legal advice as to whether he can successfully sue Green. State the legal principles applicable to the above facts and advise Jambazi
Jambazi sneaked into Cassman Green‟s compound with the intention of breaking into his car and stealing a radio cassette. As he was walking towards the car park, he fill into a pit which Green had dug to construct a water Open …
Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods were displayed in three different lots. However, Ndolo bid for the goods under a mistaken belief that he was bidding for all the goods. Eventually. When he went to collect the goods, he found only one lot reserved for him. Ndolo is aggrieved and seeks your legal advice. Advise him
Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods were displayed in three different lots. However, Ndolo bid for the goods under a mistaken belief that he was bidding for all the goods. Eventually. When he went Open …
Raju appointed Kariuki to transport fresh fish from Mombasa to Nairobi. As Kariuki was preparing to leave Mombasa to Nairobi, it rained heavily and the Thange River Bridge was swept off. As a result, Kariuki chartered a flight to Nairobi to deliver the fish as he feared the fish would go bad and he was unable to immediately contact Raju. However, upon arrival in Nairobi and delivery of fish, Raju refused to reimburse Kariuki charges for the flight Kariuki intents to sue Raju. Advice him
Raju appointed Kariuki to transport fresh fish from Mombasa to Nairobi. As Kariuki was preparing to leave Mombasa to Nairobi, it rained heavily and the Thange River Bridge was swept off. As a result, Kariuki chartered a flight to Nairobi Open …
Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to give him Sh. 10,000 which she did. Jackson then introduced Jacinta to Tajiri and Tajiri promised to marry Jacinta in case his wife who was by then very ill in hospital passed away. However, Tajiri‟s wife Juliana underwent a successful surgery and fully recovered from the illness. Tajiri has now refused to marry Jacinta. Jacinta is aggrieved and wishes to sue Jackson and Tajiri. Advise her.
Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to give him Sh. 10,000 which she did. Jackson then introduced Jacinta to Tajiri and Open …
Alex is a customer at Pesa Bank. Three days ago, he visited the bank and complained that he had noticed from his bank statement that three unauthorized withdrawals had been made and his account debited. Investigations reveal that the withdrawals were made by Charles. Alex’s office messenger who stole Alex’s cheque book made out the payments and subsequently forged Alex‟s signature. Explain the legal position of Pesa Bank
Alex is a customer at Pesa Bank. Three days ago, he visited the bank and complained that he had noticed from his bank statement that three unauthorized withdrawals had been made and his account debited. Investigations reveal that the withdrawals Open …
A contract of sale of goods by sample between Ben and Sally provided that payment of the goods was to be made on arrival against the shipping documents. Ben, who is the buyer, paid for the goods before he had the opportunity to examine the goods. Later, on examinations, Ben found that the bulk of the goods did not correspond with the sample. Explain in detail whether Ben can reject the goods.
A contract of sale of goods by sample between Ben and Sally provided that payment of the goods was to be made on arrival against the shipping documents. Ben, who is the buyer, paid for the goods before he had Open …