Author: admin

Terry is a tenant of Lucas under a lease agreement signed and executed by both parties. At the time of signing the lease, Lucas had promised Terry that he would repair a window which had broken. A year has lapsed and the window is not yet repaired. In the meantime, Lucas has been constructing a house next to the house occupied by Terry. He has been using Terry’s compound as a storage for timber and other construction materials. Terry has been under constant disturbances by the builders requiring her to open the gate so that the building materials, could be bought in and taken out. This has made the compound dirty and noisy. Terry seeks to know the rights which would protect her against these inconveniences under the lease agreement. Advise her

Terry is a tenant of Lucas under a lease agreement signed and executed by both parties. At the time of signing the lease, Lucas had promised Terry that he would repair a window which had broken. A year has lapsed Open …

Muthoga entered into a five year lease agreement for office premises with Njenga. After the end of the lease period, the parties agreed that Njenga would continue occupying the office premises for another five years. On that basis, Njenga made extensive renovations to the office premises. Muthoga has now given Njenga notice to vacate the office premises claiming that the lease agreement had expired. Advise Njenga on his legal rights.

Muthoga entered into a five year lease agreement for office premises with Njenga. After the end of the lease period, the parties agreed that Njenga would continue occupying the office premises for another five years. On that basis, Njenga made Open …

Namweya and Nabayi are both tenants and neighbours at a residential estate. Namweya runs a posho mill business on the premises adjoining the house of her neighbour Nabayi. The posho mill is diesel propelled and when in use causes a lot of vibrations. Recently, as a result of the vibrations from the posho mill, a beam fell from the roof of the adjoining house occupied by Nabayi and injured her. Nabayi claims that the vibrations of the posho mill have been a nuisance and has as a result sued Namweya for damages. Explain the legal principles applicable in this case and advise both Namweya and Nabayi.

Namweya and Nabayi are both tenants and neighbours at a residential estate. Namweya runs a posho mill business on the premises adjoining the house of her neighbour Nabayi. The posho mill is diesel propelled and when in use causes a Open …

Harry and Thuku agreed to meet for a business lunch at a restaurant in town. During the lunch, Chuma one of Thuku’s friends joined the two and began to participate in the discussions. Chuma told Harry that he was Thuku’s agent to which Thuku did not object. A week later, Chuma obtained goods on credit from Harry, allegedly on behalf of Thuku. Chuma has since disappeared and Harry is demanding payment from Thuku. Advise Thuku.

Harry and Thuku agreed to meet for a business lunch at a restaurant in town. During the lunch, Chuma one of Thuku’s friends joined the two and began to participate in the discussions. Chuma told Harry that he was Thuku’s Open …

Saida planned to stage a big band concert and engaged a number of eminent musicians. She paid each musician 10% of the agreed fee at the time the separate contracts were made. Five days before the concert, Saida was informed that three of the musicians Yvonne, Omar and Mike would not appear. Yvonne could not come as she was bed ridden with acute bronchitis. Omar was unable to attend the concert as his country was engaged in war and Mike could not show up because his fees was not large enough. Saida was concerned and feared that the concert would be a failure. Saida therefore decided to cancel the concert. Saida seeks your advice on her legal rights against the three musicians. Advise Saida.

Saida planned to stage a big band concert and engaged a number of eminent musicians. She paid each musician 10% of the agreed fee at the time the separate contracts were made. Five days before the concert, Saida was informed Open …

Stanley leased his house at Highlands Gardens to Oliver. The lease agreement was signed by both parties and the lease was to run for a period of two years. Stanley has been having domestic problems with his wife. Recently, Stanley’s wife stormed into the premises lease to Oliver and threatened to evict him and his family if they did not vacate the leased premises. Oliver has not breached any of the terms of the lease agreement and is aggrieved. Advise Oliver on his legal rights and the remedies available to him.

Stanley leased his house at Highlands Gardens to Oliver. The lease agreement was signed by both parties and the lease was to run for a period of two years. Stanley has been having domestic problems with his wife. Recently, Stanley’s Open …

Paul wrote a will and bequeathed all his property to his wife Nina. Two years later, Paul was diagnosed as suffering from a terminal disease. He blamed it on his wife Nina and then called his friends Mark and Matthew and verbally told them in case he died before Nina, she should not inherit his property, instead all his property should be inherited by his mother Tina. Paul died three weeks ago and Nina has sought to inherit his property under the will, but Paul’s mother has vehemently resisted Nina’s claim. Discuss the legal position of Nina and Tina

Paul wrote a will and bequeathed all his property to his wife Nina. Two years later, Paul was diagnosed as suffering from a terminal disease. He blamed it on his wife Nina and then called his friends Mark and Matthew Open …

Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for payment it was dishonoured and returned marked “R.D.”. It now transpires that when the bank clerk was checking on Stephane’s balance he checked on the wrong account and as a result the cheque was dishonoured under a mistaken belief of lack of funds. Explain Stephane’s rights against the bank. (8 marks)

Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for payment it was dishonoured and returned marked “R.D.”. It now transpires that when the bank clerk was checking on Stephane’s balance he checked on the wrong Open …

Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the petrol caught fire and burnt the whole station and injured several people. Mpole the proprietor of the petrol station seeks your advice on whom he can sue. Advise Mpole.

Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the petrol caught fire and burnt the whole station and injured several people. Mpole the Open …

Mrs. Karanja and Mrs. Waithaka are neighbours. Their sons, Mwaura Karanja and Mwangi Waithaka, had a fight and Mwangi was hurt. In annoyance, Mrs. Waithaka hurled a stone at Mrs. Karanja but the stone did not hit Mrs. Karanja. Mrs. Waithaka rushed to her house and came out with a bucket of water which she splashed on Mrs. Karanja making her clothes wet. Mrs. Karanja intends to sue Mrs. Waithaka. Advise Mrs. Karanja on the kinds of tort that she may seek redress from.

Mrs. Karanja and Mrs. Waithaka are neighbours. Their sons, Mwaura Karanja and Mwangi Waithaka, had a fight and Mwangi was hurt. In annoyance, Mrs. Waithaka hurled a stone at Mrs. Karanja but the stone did not hit Mrs. Karanja. Mrs. Open …