(i) By the parties the dispute.
(ii) By a third party as agreed upon by the parties.
(iii) By the High Court on application of either party.
Under section 12 (1) of the Arbitration Act, the High Court will appoint an arbitral
tribunal at the instance of a party if:
(a) The parties cannot agree who the single arbitrator shall be.
(b) Either party has failed to appoint an arbitrator within 30 days of receipt of
the other parties notice to do so.
(c) The two arbitrators appointed by the parties have failed to appoint a third within
30 days of their appointment.
maurice.mutuku answered the question on May 1, 2018 at 09:38
- Explain what is meant by Obiter dicta.(Solved)
Explain what is meant by Obiter dicta.
Date posted: May 1, 2018. Answers (1)
- What is meant by "Ratio decidendi?".(Solved)
What is meant by "Ratio decidendi?".
Date posted: May 1, 2018. Answers (1)
- What is the importance of stare decisis in the doctrine of precedent?(Solved)
What is the importance of stare decisis in the doctrine of precedent?
Date posted: May 1, 2018. Answers (1)
- Explain the legal principles applicable where F cut down the branches of a mango tree belonging to G, his neighbour, which
had extended to his land....(Solved)
Explain the legal principles applicable where F cut down the branches of a mango tree belonging to G, his neighbour, which
had extended to his land. He picked the ripe mangoes from the fallen branches
and gave all of them to children in his vicinity.
Date posted: May 1, 2018. Answers (1)
- Explain the legal principles applicable where H posted a poster on D's wall advertising a disco-dance competition
meant for raising funds for a local charity.(Solved)
Explain the legal principles applicable where H posted a poster on D's wall advertising a disco-dance competition
meant for raising funds for a local charity.
Date posted: May 1, 2018. Answers (1)
- Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.(Solved)
Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.
Date posted: May 1, 2018. Answers (1)
- Indicate the ways in which the tort of conversion may be committed.(Solved)
Indicate the ways in which the tort of conversion may be committed.
Date posted: May 1, 2018. Answers (1)
- State the powers of a personal representative.(Solved)
State the powers of a personal representative.
Date posted: May 1, 2018. Answers (1)
- State and explain the circumstances under which the court may make a limited grant of
administration as provided under the law of succession.(Solved)
State and explain the circumstances under which the court may make a limited grant of
administration as provided under the law of succession.
Date posted: May 1, 2018. Answers (1)
- Abel Rigo received a bill of exchange for value from Boaz Ngao who had obtained
the instrument fraudulently. Abel Rigo fearing that the bill might lapse,...(Solved)
Abel Rigo received a bill of exchange for value from Boaz Ngao who had obtained
the instrument fraudulently. Abel Rigo fearing that the bill might lapse, presented it
for payment where upon it was dishonoured.
State with reasons whether Abel Rigo can claim to be a holder in due course.
Date posted: May 1, 2018. Answers (1)
- Explain the meaning of the term “holder” in relation to a bill of exchange and
outline the duties of a holder of a bill of exchange.(Solved)
Explain the meaning of the term “holder” in relation to a bill of exchange and
outline the duties of a holder of a bill of exchange.
Date posted: May 1, 2018. Answers (1)
- In relation to the law which governs negotiable instruments, list and briefly explain four
types of endorsements.(Solved)
In relation to the law which governs negotiable instruments, list and briefly explain four
types of endorsements.
Date posted: May 1, 2018. Answers (1)
- Charlie Kabue leased his shop at High Pole Commercial centre to Ray Matata for a
period of two years. In the lease agreement, Ray Matata was...(Solved)
Charlie Kabue leased his shop at High Pole Commercial centre to Ray Matata for a
period of two years. In the lease agreement, Ray Matata was prohibited from using the
shop for any other business other than for sale of groceries.
Charlie Kabue has discovered that Ray Matata has rented out the room used as a store
of the shop to Ben Chege.
Moreover, Ray Matata is in rent arrears. Mr. Charlie Kabue is aggrived and seeks your
advice on the remedies available to him.
Advise him.
Date posted: May 1, 2018. Answers (1)
- Identify the various ways in which an easement may be created.(Solved)
Identify the various ways in which an easement may be created.
Date posted: May 1, 2018. Answers (1)
- List four circumstances under which a leasehold may be terminated.(Solved)
List four circumstances under which a leasehold may be terminated.
Date posted: May 1, 2018. Answers (1)
- Distinguish a freehold from a leasehold ownership of land.(Solved)
Distinguish a freehold from a leasehold ownership of land.
Date posted: May 1, 2018. Answers (1)
- Simiyu Tito requested Wanyonyi Peter to lend him Shs. 5,000 (five thousand shillings)
to be repaid within a month. Wanyonyi Peter enquired what Simiyu Tito needed...(Solved)
Simiyu Tito requested Wanyonyi Peter to lend him Shs. 5,000 (five thousand shillings)
to be repaid within a month. Wanyonyi Peter enquired what Simiyu Tito needed the
money for and Simiyu Tito replied that he needed Shs. 2,000 (two thousand shillings) to
buy food for his children and Shs. 3,000 (three thousand shillings) to bribe someone
who could fix for him a person who had been bothering him. Wanyonyi Peter lent
Simiyu Tito the money. A month later, when Wanyonyi Peter asked Simiyu Tito for
repayment of the Shs. 5,000 (five thousand shillings), Simiyu Tito refused to do so.
Explain the legal principles applicable in this case and advise Wanyonyi Peter.
Date posted: May 1, 2018. Answers (1)
- Explain the concept of illegality of contracts and give three types of contracts that are
considered illegal.(Solved)
Explain the concept of illegality of contracts and give three types of contracts that are
considered illegal.
Date posted: May 1, 2018. Answers (1)
- When parties enter into a contract, the law provides that where a written contract does
not accurately express the intention of the parties, the court may...(Solved)
When parties enter into a contract, the law provides that where a written contract does
not accurately express the intention of the parties, the court may rectify the contract to
make it express the true intentions.
State the facts that a party seeking rectification must prove before the court can rectify
the contract.
Date posted: May 1, 2018. Answers (1)
- Tamu Limau is a senior partner in a real estate business. He would like to know whether
to continue the business as a partnership or convert...(Solved)
Tamu Limau is a senior partner in a real estate business. He would like to know whether
to continue the business as a partnership or convert it into a private limited company.
Advise him on the advantages of a private limited company.
Date posted: April 30, 2018. Answers (1)