THE LAW OF EQUITY SAMPLE EXAM PAPER

QUESTION 1(COMPULSORY)
Sunshine's father agreed with his friend to purchase a piece of land in Ngong. He was to pay 30% of the purchase price while his friend was to pay the remaining 70%. He deposited a precious heirloom that had been with the family for a century and some money as consideration. However, he died before he could complete the transaction. Sunshine has been left an orphan. Her deceased father's friend now claims the heirloom and the land belongs to him. He is also about to dispose of the heirloom. Sunshine is seeking legal intervention. Advise her. (30 marks)

QUESTION 2
Discuss the following maxims of equity and how they relate to each other, supporting your answer with relevant authorities: a) Equity looks at the intent rather than the form and (b) Equity follows the law (20 marks)

QUESTION 3

(a) Citing the relevant provision, define the reception clause and the repugnancy clause of the Judicature Act. (4 marks)
(b) Analyse the extent to which English doctrines of equity are applicable in Kenya citing relevant authorities and examples. Is the qualification of of African customary law by equity justified. (16marks)

QUESTION 4
With the aid of decided cases, critically analyse specific performance as an equitable remedy. (20 marks)

QUESTION 5
Write explanatory notes on each of the following:
1. Mareva Injunction (5marks)
2. Account for profit (5marks)
3. Rectification (5marks)
4. Rescission (5marks)