The Law of Financial Institutions in Kenya is contained in statutes as well as case law. Electronic banking has brought new challenges to the financial sector, which include compliance and security issues. The challenges became even more pronounced when we consider telephone banking. This text is offered to meet the needs of law, commerce, and business administration students in the Kenyan universities, the legal and banking practitioner.
This book is a report of the Tanzania Judges’ workshop that was held in Dar es Salaam from 2nd to 5th June 2010. Justices of the Court of Appeal of Tanzania and judges of the High Courts of Tanzania and the Republic of Ireland attended it. The workshop was one of the series of continuing legal education sessions for judges. Such sessions have been organized by the University of Dar es Salaam, School of Law (Formerly Faculty of Law) in collaboration with Trinity College, Dublin. The workshop was coordinated by Professor Gamaliel Mgongo Fimbo.
From the title, “Understanding Negligence and Strict liability”, the authors attempt to provide a precise and concise appreciation of negligence and the law correlated to strict liability in tort law. There exists a plethora of negligence problems in all jurisdictions, and it is this that the authors try to solve for the readers.
The clarity and comprehensive coverage found in this book make it an essential textbook for law undergraduates, law practitioners, and legal scholars. Designed as a flexible tool for undergraduate and postgraduate courses touching negligence and strict liability, students, practitioners and teachers alike will find this book challenging but rewarding.
This book is the first succinct presentation of the Judicial Review of Administrative Action. It is written specifically for Bachelor of Law students. However, practicing Lawyers, Magistrates and Judges will find it useful.
This Book is a Practical Civil Procedural Law as practiced in East Africa. It is mainly specialized on the Kenya Question, however, all Commonwealth precedents and locus classius cases have been highly considered as persuasive authorities in East Africa which have led to the development of the Civil Procedure Law in all Commonwealth Countries. As the title of the book suggests, the book is primarily intended for use by Scholars, practicing Advocates, researchers, as well as those taking up a private practice for ease of quick reference.
The author brings alive the rules of partnership by initially comparing the partnership with its offspring, the limited company, and other associations, then examining its nature and definition with reference to relevant statutory provisions. He then deals with the relationship between partners and outsiders, essentially an agency aspect of the partnership, before considering the relationship between partners, an attribute resting on the property, management, and fiduciary considerations. The author also analyses the dissolution of the partnership, the relationship between bankruptcy and partnership, the taxation of partnership, and the limited partnership recently introduced by the Partnership Act, 2010. Throughout the discourse is a reference to relevant Ugandan and Common Law cases, some of which can only be traced in obsolete law reports.
Summary Judgment shows how courts interpret and apply Order 35 in Kenya and Tanzania and the corresponding Order 33 in Uganda. It is a work on the East African summary judgment procedure in civil litigation. This celebrated Order is one of the great innovations in the Rules of Court. This book sets out the illuminating touchstones that guide the crucial judgment involved in balancing the need for the expeditious disposition of cases and the right to a plenary trial. Although the cases cited in the texts do not expressly use the same language, they clearly answer the charge that Order 35 might be an unconstitutional deprivation of the right to a trial, by making it plain that the right to a trial does not include the right to a useless trial of nonexistent genuine issues. The book is intended to state the law authoritatively and serve as a work of reference.
Kuloba’s judicial Hints on Civil Procedure is now an established authority on the Civil Procedure Act. It faithfully sets out the important judicial opinions on the Act. The Commentaries are exhaustive on the aspects of the legislation set out. The accuracy of the statement of the law by the author has been attested by the judicial approval its citation has received.
Written by a leading practitioner and academic in the field, the book presents the most current, comprehensive, and authoritative account of judicial review law in Kenya. The book combines the features of a textbook and casebook at once and is an essential reading for law students and an indispensable source of reference for practitioners, academics, and all interested in good governance.
Principles of Commercial Law provides a much-needed alternative to rather over-simplistic, largely unrevised, inadequately reasoned, and occasionally misleading works of domestic writers, and to the highly technical and overly intricate texts of authors in the wider common law jurisdiction. Dr. Laibuta’s extensive practical experience in research, teaching, and legal practice in commercial and other areas of contract law have contributed immensely to the pragmatic and outstanding scholarly approach with which this textbook is written.
The second edition of this highly successful book features new materials including exceptions to the functus officio doctrine, mareva injunctions, tendering of exhibits, omission to cross-examine, sentencing procedure, costs against a non-party, probate and administration, matrimonial proceedings, and the effect of declarations of unconstitutionality. The book has been thoroughly updated to provide extensive coverage of key statutory changes and the latest case law from 2011 to December 2018 and; in particular, a thorough restatement of the law in view of the mounting conflicting decisions in the Court of Appeal.
