(Read time: 10 mins) Introduction: The freedom to contract has navigated the direct allocation of risk between parties and created ringfencing around certain eventualities within the contract. However, some clauses to a contract may be viewed as unfair to the other party and therefore creating some limitations. The question then would be, are these limitations […]
(Read time: 20 mins) Introduction Over decades, litigants and litigation practitioners have been left uncertain as to whether succession disputes originally filed and determined in the High Court require leave to file an appeal before the Court of Appeal. Albeit, succession matters and in particular succession appeals, are governed by the Law of Succession Act, […]
(Read time: 8 mins) Divorce is the legal dissolution of a marriage by a competent court. The Marriage Act, 2014 provides for dissolution of marriages but only if the parties seeking divorce can prove that their spouses committed matrimonial offences. The Legal Framework: The Marriage Act, 2014 The Matrimonial Property Act, 2013 The Constitution of […]
Read time : 10 mins Step 1: Search This is the preliminary step. The purpose of a search is to confirm whether or not the intended trademark exists and/or which can be confused with an already existing trademark. An application for search is made by the prospecting proprietor or through their agent through a prescribed […]
Read Time: 5 mins Introduction A Professional Undertaking is an unequivocal declaration of intention addressed to someone who reasonably places reliance on it and made by an advocate or a member of an advocate’s staff in the course of practice. The undertaking facilitates legal transactions which may include payment of purchase monies, loan funds, discharge […]
Read time: 7 minutes INTRODUCTION Contract clauses are quite quintessential to the realization of an efficacious contract and can have a significant impact on the operations of a commercial relationship. They serve to clarify many facets of any legal agreement where each clause affects the contract’s overall enforceability. More often than not, and while drafting […]
Read time: 4 minutes Debt collection can be a challenging and tedious process, particularly for small businesses or individuals seeking to recover money owed to them. The traditional legal process for recovering debts can be slow, expensive, and complex, often dissuading creditors from pursuing claims. However, the Small Claims Court Act (No. 2 of 2016) […]
Read time: 5 minutes Introduction On 15th September, 2023, the Small Claims Court sitting in Nairobi issued a ruling to wit dismissing a Claimant’s claim for being filed outside the jurisdiction of the Court on the basis that the claim emanated from a landlord and tenant relationship. Aggrieved, the Claimant appealed to the High Court […]
Read time: 5 minutes One of the most common issues arising from the separation or divorce of parents is the issue of child Custody and Maintenance. There are two types of custody mainly physical custody and lawful custody. Lawful custody can be obtained through an operation of the law, a written agreement or an […]
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