Equity means fairness or justice. It is a branch of the law of England which was developed by
the various Lord Chancellors courts to supplement the common law. Equity developed to make
the common law a complete system of rules. Its evolution is traceable to the early petitions to
the King by persons dissatisfied with the common law system. Subsequently, the petitions were
heard by the Lord Chancellor but it was not until the beginning of the 16th century that the Lord
Chancellor?s started handing down decisions binding in law – “doctrines of equity.”
(i) Equity was developed by the Lord Chancellors courts on the basis of the principle of
fairness. Administration of justice was fast and the system was flexible. Equity developed
after the common law and acts inpersonam.
(ii) By reason of inconsistent decisions but Lord Chancellors equity adopted the doctrine of
stare decisis and developed the maxims of equity.
(iii) Equity's contribution to the Kenyan legal system is enormous: It is one of the principal
sources of law of Kenya.
(iv) The maxims of equity developed by the Lord Chancellors courts guide Kenyan courts.
(v) The additional remedies the courts evolved assist in the administration of justice.
(vi) The procedural mechanism of discovery of documents is applied in the administration of
justice.
(vii) The trust relationship, recognized by equity has a fairly wide application in Kenya.
(viii) The principles of equity of redemption and equitable right to redeem have wide application
in the law of mortgages and charges.
maurice.mutuku answered the question on April 26, 2018 at 13:36
- Explain circumstances when a person shall not be regarded as having been deprived of
his life in contravention of the provisions of the Constitution if he...(Solved)
Explain circumstances when a person shall not be regarded as having been deprived of
his life in contravention of the provisions of the Constitution if he dies as a result of the
use of force.
Date posted: April 26, 2018. Answers (1)
- Explain the contents of the memorandum required as evidence of a contract.(Solved)
Explain the contents of the memorandum required as evidence of a contract.
Date posted: April 26, 2018. Answers (1)
- Citing examples, write brief notes on contracts which must be evidenced in writing.(Solved)
Citing examples, write brief notes on contracts which must be evidenced in writing.
Date posted: April 26, 2018. Answers (1)
- Citing examples, write brief notes on contracts which must be in writing.(Solved)
Citing examples, write brief notes on contracts which must be in writing.
Date posted: April 26, 2018. Answers (1)
- Citing examples, write brief notes on contracts which must be under seal.(Solved)
Citing examples, write brief notes on contracts which must be under seal.
Date posted: April 26, 2018. Answers (1)
- Explain ways in which a lease may be determined.(Solved)
Explain ways in which a lease may be determined.
Date posted: April 26, 2018. Answers (1)
- 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...(Solved)
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
Date posted: April 26, 2018. Answers (1)
- Give details of four types of tenancies.(Solved)
Give details of four types of tenancies.
Date posted: April 26, 2018. Answers (1)
- Illustrate ways in which property may be acquired.(Solved)
Illustrate ways in which property may be acquired.
Date posted: April 26, 2018. Answers (1)
- Describe the formalities of a valid will.(Solved)
Describe the formalities of a valid will.
Date posted: April 26, 2018. Answers (1)
- Explain the characteristics of a valid will.(Solved)
Explain the characteristics of a valid will.
Date posted: April 26, 2018. Answers (1)
- Describe the remedies of a legal mortgage.(Solved)
Describe the remedies of a legal mortgage.
Date posted: April 26, 2018. Answers (1)
- Discuss the ways in which a pawn can be redeemed.(Solved)
Discuss the ways in which a pawn can be redeemed.
Date posted: April 26, 2018. Answers (1)
- Explain the main characteristics of a pledge.(Solved)
Explain the main characteristics of a pledge.
Date posted: April 26, 2018. Answers (1)
- 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...(Solved)
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
Date posted: April 26, 2018. Answers (1)
- With reference to a contract of sale of goods, explain the implied conditions on the part
of the seller.(Solved)
With reference to a contract of sale of goods, explain the implied conditions on the part
of the seller.
Date posted: April 26, 2018. Answers (1)
- Explain the four essential aspects of the defence of fair comment in an action for
defamation.(Solved)
Explain the four essential aspects of the defence of fair comment in an action for
defamation.
Date posted: April 26, 2018. Answers (1)
- Explain in detail the occasions when a statement would enjoy privilege and hence not
actionable in court.(Solved)
Explain in detail the occasions when a statement would enjoy privilege and hence not
actionable in court.
Date posted: April 26, 2018. Answers (1)
- Define the term “defamation” and indicate the forms which defamation can take.(Solved)
Define the term “defamation” and indicate the forms which defamation can take.
Date posted: April 26, 2018. Answers (1)
- One of the recognized sources of law in a country are the are the Acts of Parliament.
Explain the advantages of Acts of Parliament as a...(Solved)
One of the recognized sources of law in a country are the are the Acts of Parliament.
Explain the advantages of Acts of Parliament as a source of law.
Date posted: April 26, 2018. Answers (1)