This is a situation where two or more persons are entitled to the simultaneous enjoyment of
land. A co-ownership may be a joint tenancy or tenancy in common. A joint tenancy is
characterized by jus accrescendi and the four unities. A tenants interest cannot be disposed off
by will or pass to a beneficiary. In a tenancy in common, each tenant has a distinct fixed share in
property which has not yet been divided among the co-tenants. A tenants interest is disposable
by will.
Co-ownership may be terminated in various ways for example,
(i) Partitioning of the property concerned by mutual consent.
(ii) Union in a sole tenant that is, becomes vested in one person.
(iii) Sale of the property to another person.
(iv) Severance that is, conversion of a joint tenancy to tenancy in common.
maurice.mutuku answered the question on April 28, 2018 at 13:40
- S. a former student at Masaku High School owes the school Sh. 50,000 as fees inarrears. Mr. P. the principal of the school wrote a...(Solved)
S. a former student at Masaku High School owes the school Sh. 50,000 as fees in
arrears. Mr. P. the principal of the school wrote a demand letter to F. S's father
threatening to sue S if the school fees in arrears was not cleared within seven days. F
approached P and offered to make payment by delivering 30 bags of maize valued at Sh.
30,000. On condition that it would be full and final payment of the debt owed to the
school.
Mr. P accepted the offer and the maize was delivered to the school. Two years later, S
was employed and Mr. P now intends to sue him for the fee balance.
Discuss the legal position of S.
Date posted: April 28, 2018. Answers (1)
- Explain the meaning of the term “privity of contract” and outline the exceptions to that
rule.(Solved)
Explain the meaning of the term “privity of contract” and outline the exceptions to that
rule.
Date posted: April 28, 2018. Answers (1)
- What is the difference between a condition and a warranty?(Solved)
What is the difference between a condition and a warranty?
Date posted: April 28, 2018. Answers (1)
- Describe the remedies available to the buyer for breach of a contract for the sale of
goods.(Solved)
Describe the remedies available to the buyer for breach of a contract for the sale of
goods.
Date posted: April 28, 2018. Answers (1)
- Highlight the essentials of a contract for the sale of goods.(Solved)
Highlight the essentials of a contract for the sale of goods.
Date posted: April 28, 2018. Answers (1)
- Explain the advantages of a private company over a public company.(Solved)
Explain the advantages of a private company over a public company.
Date posted: April 28, 2018. Answers (1)
- Describe the ways in which a corporation may be established.(Solved)
Describe the ways in which a corporation may be established.
Date posted: April 28, 2018. Answers (1)
- Define the term “delegated legislation” and discuss its advantages and disadvantages.(Solved)
Define the term “delegated legislation” and discuss its advantages and disadvantages.
Date posted: April 28, 2018. Answers (1)
- Explain the requirements which local customs should fulfill in order to gain registration
and enforcement by the courts.(Solved)
Explain the requirements which local customs should fulfill in order to gain registration
and enforcement by the courts.
Date posted: April 28, 2018. Answers (1)
- What are the advantages and disadvantages of judicial precedent?(Solved)
What are the advantages and disadvantages of judicial precedent?
Date posted: April 28, 2018. Answers (1)
- Ratification where the principal adopts an unauthorized act of his agent as his own.
What are the conditions which must be fulfilled for ratification to be...(Solved)
Ratification where the principal adopts an unauthorized act of his agent as his own.
What are the conditions which must be fulfilled for ratification to be effective?
Date posted: April 28, 2018. Answers (1)
- Distinguish a special agent from a general agent.(Solved)
Distinguish a special agent from a general agent.
Date posted: April 28, 2018. Answers (1)
- Outline the general defences available to the occupier against liability to a trespasser.(Solved)
Outline the general defences available to the occupier against liability to a trespasser.
Date posted: April 28, 2018. Answers (1)
- Advise an occupier whose employee, a window cleaner was injured when a window
pane was shattered.(Solved)
Advise an occupier whose employee, a window cleaner was injured when a window
pane was shattered.
Date posted: April 28, 2018. Answers (1)
- With reference to the Occupiers Liability Act, explain its main provisions in relation to liability of a person visiting a premises.(Solved)
With reference to the Occupiers Liability Act, explain its main provisions in relation to liability of a person visiting a premises.
Date posted: April 28, 2018. Answers (1)
- With reference to the Occupiers Liability Act, define an occupier and Highlight what is expected of him or her(Solved)
With reference to the Occupiers Liability Act, define an occupier and Highlight what is expected of him or her
Date posted: April 28, 2018. Answers (1)
- Define the mutual will and list the requirements which must be met to make its doctrine
operate.(Solved)
Define the mutual will and list the requirements which must be met to make its doctrine
operate.
Date posted: April 28, 2018. Answers (1)
- Section 31 of the law of succession Act provides that a gift made in contemplation of
death shall be valid despite there being no transfer. Explain...(Solved)
Section 31 of the law of succession Act provides that a gift made in contemplation of
death shall be valid despite there being no transfer. Explain the conditions which have
to be fulfilled before such gifts can be valid.
Date posted: April 28, 2018. Answers (1)
- Who is "Administrator pendente lite?".(Solved)
Explain who "Administrator pendente lite is.
Date posted: April 28, 2018. Answers (1)
- Explain the meaning of "Administrator cum testamento annexo"(Solved)
Explain the meaning of "Administrator cum testamento annexo"
Date posted: April 28, 2018. Answers (1)