LAW OF EQUITY SAMPLE PAPER 2

Exam Name: Equity 

Course: Bachelor Of Laws (Llb)

Institution/Board: Kenyatta University Parklands Campus

Exam Year:2011

 INSTRUCTIONS

1) Answer questions ONE and any other TWO questions.

2) You will be penalised for failing to answer question ONE.

3) Support your answer with relevant case law, statutes and any other relevant references.

4) Write neatly and legibly

5) Your answer sheet must bear your registration number.

QUESTION 1

"It does not matter what effect of the Judicature Acts 1873-1875 is. What is indisputable today is that equity is not past the age of child-bearing". Per Lord Denning MR in Eves v Eves [1975]1 WLR 1338,CA 

Discuss

30 marks

QUESTION 2.

Maaria Mali owns a 3 bedroomed house in South C Estate. She wishes to rent it and thus advertised it in the classified section of the Daily Nation Newspaper. The advertisement was as follows:

"South C - Heshima Estate. 3 bedroom maisonette for Kshs. 50.000/- per 

Month. Contact owner on mobile number 0777 222 333"

Patty Defao contacted Maaria who agreed to rent the property to him for one year.

On signing the tenancy the agreement, Defao paid Kshs. 50,000/-rent for the first

month and a further Kshs. 50,000/- as one month deposit. The following month, Defao paid Kshs, 30,000 rent instead of Kshs,50,000/- along with a letter pointing out that the tenancy agreement stated the rent was Kshs,30,000/- per month and this was all he was going to pay for the period of the tenancy. Maaria was shocked and retrived the tenancy agreement from her file to confirm the figure. She was distressed to realize that she made a mistake on the tenancy agreement and the rent does state Kshs.30,000/- per month when it should have stated Kshs.50,000/- She also realized that she did not include a termination clause in the said tenancy agreement. Maaria approaches your pupil master for advice. He forwards the matter to you to prepare a detailed legal opinion on the equittable remedy available to Maaria. 

20 marks

Question 3

A) Discuss in detail the main characteristics of equitable remedies.

(6 marks)

B) David Mugiithi employed James Asubuhi to construct Twenty (20) highly luxurious Four (4) bed-roomed apartments with extra amenities including inter alia swimming pool, gym, concrete block paved parking, landscaped garden, and playing grounds on his (1/2) acre parcel of land situated at Hatheru Road, Lavington area. Mugiithi paid an advance sum of Kshs.40 million to Asubuhi’s company, Tujenge Limited, to commerce the construction. Asubuhi promptly started working but after a few months, he abandoned the work. Up to that point he had undertaken construction worth up to Kshs. 20 Million leaving a balance of Kshs. 20 Million in his bank account. Mugithii went to court and commenced an action against Asubuhi for specific performance of the contract.

Advise Mugiithi on the possible outcome of the case and whether there is any equitable remedy available to him. 

(14 marks)

Question 4

A) “Equity does not discard formally altogether. It only precludes formality where insisting on it would lead to injustice”. 

Discuss (10 marks)

B) “Delay will always defeat equity no matter what happens”.

Discuss (10 marks)

Question 5

Write short explanatory notes on any four of the following:

1. Systemisation of equity (5 marks)

2. The limitations to the application of doctrines of equity in Kenya (5 marks)

3. The qualification of the application of African Customary Law by equity

(5 marks)

4. Distinction between interlocutory and perpetual injunctions (5 marks)

5. Equity sees as done that which ought to be done. (5 marks)