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Free legal advice...
maka
#1 Posted : Friday, June 21, 2013 1:51:38 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Noticed a lot of law related questions keep popping up...This thread seeks to answer most of those questions backed up by the applicable statutes...Shoot away...
possunt quia posse videntur
ZZE123
#2 Posted : Friday, June 21, 2013 6:45:57 PM
Rank: Elder

Joined: 6/21/2008
Posts: 2,490
maka wrote:
Noticed a lot of law related questions keep popping up...This thread seeks to answer most of those questions backed up by the applicable statutes...Shoot away...

@Maka How much will you charge? (My Economics lecturer taught me that there is no free lunchsmile )
The man who marries a beautiful woman, and the farmer who grows corn by the roadside have the same problem
maka
#3 Posted : Saturday, June 22, 2013 12:19:19 AM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
ZZE123 wrote:
maka wrote:
Noticed a lot of law related questions keep popping up...This thread seeks to answer most of those questions backed up by the applicable statutes...Shoot away...

@Maka How much will you charge? (My Economics lecturer taught me that there is no free lunchsmile )

Free kabisa...bure....zero...nating'
possunt quia posse videntur
Mukiri
#4 Posted : Saturday, June 22, 2013 6:42:46 PM
Rank: Elder

Joined: 7/11/2012
Posts: 5,222
My friend(make all the jokes you want!) has a father who's pine is everywhere. He has fathered a few bastards and taken off. What cause of action is there to make him introduce all of them to each other and pay some sort of punitive damages?

Proverbs 19:21
maka
#5 Posted : Saturday, June 22, 2013 11:29:55 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Mukiri wrote:
My friend(make all the jokes you want!) has a father who's pine is everywhere. He has fathered a few bastards and taken off. What cause of action is there to make him introduce all of them to each other and pay some sort of punitive damages?


Punitive damages for? Its not an offence to father children in this country...yet. Any recourse that is as a result of siring children can only be sustained in two laws:
The Childrens Act for maintenance and the Law of Succession for Probate to the Estate when the Mzee dies. So in summary the mzee cannot be compelled in law to pay any punitive damages nor do any introductions
possunt quia posse videntur
Pimpala
#6 Posted : Sunday, June 23, 2013 8:09:37 AM
Rank: Hello

Joined: 6/23/2013
Posts: 1
Hi, does the Law Of Adverse Posession also apply to commercialproperties or only shamba's?
webish
#7 Posted : Sunday, June 23, 2013 2:45:44 PM
Rank: Member

Joined: 10/19/2009
Posts: 671
Location: Nairobi
maka wrote:
ZZE123 wrote:
maka wrote:
Noticed a lot of law related questions keep popping up...This thread seeks to answer most of those questions backed up by the applicable statutes...Shoot away...

@Maka How much will you charge? (My Economics lecturer taught me that there is no free lunchsmile )

Free kabisa...bure....zero...nating'


haha. Free as in Free Beer.

Life is joy, death is peace, but the transition is very difficult.
MaichBlack
#8 Posted : Monday, June 24, 2013 1:03:12 PM
Rank: Elder

Joined: 7/22/2009
Posts: 7,910
@Maka - Here we go!
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
maka
#9 Posted : Monday, June 24, 2013 4:03:23 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
MaichBlack wrote:
@Maka - Here we go!

In fact I know someone who has just handled a matter at the Industrial Court where the Court upheld past precedent on this point. The decisions of the Industrial Court on this point are based on the Employment Act so it would be correct to say that they apply from the enactment of the Act in 2007 but its important to also remember that this is provision has retrospective application
possunt quia posse videntur
maka
#10 Posted : Monday, June 24, 2013 4:05:03 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Pimpala wrote:
Hi, does the Law Of Adverse Posession also apply to commercialproperties or only shamba's?

The provision relating to Adverse possession is to be found in Section 38 of the Limitations of Actions Act. If you look at that provision carefully as read with Order 37 Rule 7 of the Civil Procedure Rules it is clear that the following conditions must be satisfied for one to file suit for adverse possession: Factual possession-you must be ON the land, Animus possidendi (intention to possess, not intention to own) and Possession is adverse meaning that this staying on the land MUST be uninterrupted. The key word is 'land'. Commercial premises do not fall under the description envisaged in Section 38 unless you are squatting on land that has a commercial building in which case you will be entitled to the portion of land that you are on
possunt quia posse videntur
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