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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: 7,452
@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
Kwanini
#11 Posted : Monday, June 24, 2013 4:58:23 PM
Rank: Member


Joined: 1/28/2009
Posts: 353
Location: Cloud
Just wondering,
1. do we have the equivalent of "small claims courts" in Kenya. For those who can perhaps represent themselves?

2. how do those who can't afford lawyers say in criminal cases get to have the state, which would be a complainant, select representation for them?
"For i am the master and the captain of my fate"
jmichi
#12 Posted : Tuesday, June 25, 2013 10:40:44 AM
Rank: Member


Joined: 1/26/2007
Posts: 26
Location: limuru
hi, just wondering the steps to follow when purchasing a plot from a deceased person..i feel brokers are green on their explanation..

am purchasing a plot in limuru (from a 12 acre)..the owner died and they reported the death and was gazeted..they forwarded the names of the benefiicaries and the grant is out..

the broker tells me to pay some money to facilitate the surveying of the land coz they are humble..he also tells me that my name will be added to the beneficiary list to make work easier and reduce land rate!..Is it possible...at what point should i pay some money..??currently the title is of the deceased, in case i was to pay what will agreement entail.

2ndly one of the beneficiary in not ready to part with a portion of his share to be allocated for the access road!claiming is too much..what is the required feets(27??) and claims he doesnt need the title to survive..is there a way he can be compelled by law?the others hav no issue only one out of the nine pple coz they also want to sell.

what would happen if one of the beneficiary withholds the title?broker tells me that we can go for a special board! possible??

if the process goes through for how long will i wait for the title to be out.and a map.


never outshine your master......robert green
King G
#13 Posted : Tuesday, June 25, 2013 1:42:04 PM
Rank: Elder


Joined: 6/20/2012
Posts: 3,855
Location: Othumo
jmichi wrote:
hi, just wondering the steps to follow when purchasing a plot from a deceased person..i feel brokers are green on their explanation..

am purchasing a plot in limuru (from a 12 acre)..the owner died and they reported the death and was gazeted..they forwarded the names of the benefiicaries and the grant is out..

the broker tells me to pay some money to facilitate the surveying of the land coz they are humble..he also tells me that my name will be added to the beneficiary list to make work easier and reduce land rate!..Is it possible...at what point should i pay some money..??currently the title is of the deceased, in case i was to pay what will agreement entail.

2ndly one of the beneficiary in not ready to part with a portion of his share to be allocated for the access road!claiming is too much..what is the required feets(27??) and claims he doesnt need the title to survive..is there a way he can be compelled by law?the others hav no issue only one out of the nine pple coz they also want to sell.

what would happen if one of the beneficiary withholds the title?broker tells me that we can go for a special board! possible??

if the process goes through for how long will i wait for the title to be out.and a map.




@maka this is a good one for your advice and it is in Kiambu!!!!!! ukitoboa Laughing out loudly Laughing out loudly Laughing out loudly
Thieves
SG
#14 Posted : Wednesday, June 26, 2013 2:49:25 PM
Rank: Member


Joined: 4/5/2008
Posts: 30
MaichBlack wrote:
@Maka - Here we go!


All is not lost. What is the historical trend? If true you got basis to claim.
new investor
#15 Posted : Saturday, June 29, 2013 8:57:57 AM
Rank: Member


Joined: 11/26/2007
Posts: 118
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...


How long does someone have to appeal a court's decision if not satisfied?
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Wendz
#16 Posted : Wednesday, July 03, 2013 11:27:18 AM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
jmichi wrote:
hi, just wondering the steps to follow when purchasing a plot from a deceased person..i feel brokers are green on their explanation..

am purchasing a plot in limuru (from a 12 acre)..the owner died and they reported the death and was gazeted..they forwarded the names of the benefiicaries and the grant is out..

the broker tells me to pay some money to facilitate the surveying of the land coz they are humble..he also tells me that my name will be added to the beneficiary list to make work easier and reduce land rate!..Is it possible...at what point should i pay some money..??currently the title is of the deceased, in case i was to pay what will agreement entail.

2ndly one of the beneficiary in not ready to part with a portion of his share to be allocated for the access road!claiming is too much..what is the required feets(27??) and claims he doesnt need the title to survive..is there a way he can be compelled by law?the others hav no issue only one out of the nine pple coz they also want to sell.

what would happen if one of the beneficiary withholds the title?broker tells me that we can go for a special board! possible??

if the process goes through for how long will i wait for the title to be out.and a map.




I am waiting to hear the response on this one because i know someone in similar position.
limanika
#17 Posted : Wednesday, July 03, 2013 11:42:59 AM
Rank: Veteran


Joined: 9/21/2011
Posts: 2,032
Wendz wrote:
jmichi wrote:
hi, just wondering the steps to follow when purchasing a plot from a deceased person..i feel brokers are green on their explanation..

am purchasing a plot in limuru (from a 12 acre)..the owner died and they reported the death and was gazeted..they forwarded the names of the benefiicaries and the grant is out..

the broker tells me to pay some money to facilitate the surveying of the land coz they are humble..he also tells me that my name will be added to the beneficiary list to make work easier and reduce land rate!..Is it possible...at what point should i pay some money..??currently the title is of the deceased, in case i was to pay what will agreement entail.

2ndly one of the beneficiary in not ready to part with a portion of his share to be allocated for the access road!claiming is too much..what is the required feets(27??) and claims he doesnt need the title to survive..is there a way he can be compelled by law?the others hav no issue only one out of the nine pple coz they also want to sell.

what would happen if one of the beneficiary withholds the title?broker tells me that we can go for a special board! possible??

if the process goes through for how long will i wait for the title to be out.and a map.




I am waiting to hear the response on this one because i know someone in similar position.

Am no lawyer but there is something called “Letter of administration” issued by court of law. Google that up and come back if it is still not clear.
maka
#18 Posted : Thursday, July 04, 2013 12:31:42 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Sorry kazi mingi am replying all your queries ASAP...
possunt quia posse videntur
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