QUESTION ONE (a) Brutus Okeka purchased a radio from Dancing Spoon Ltd. on hire purchase terms. The purchase price was Sh.45,000. He paid a down payment of Sh.5,000 and the balance was to be paid in monthly instalments of Sh.5,000. Brutus Okeka defaulted after consistently paying the required instalments for a period of six months. Dancing Spoon Ltd. promptly repossessed the radio. Brutus Okeka feels aggrieved and seeks your advice. Analyse the legal principles applicable in the above case and advise Brutus Okeka. (10 marks)1. Peter wishes to buy a new laptop computer. Advise him in the following circumstances: On Monday 1 December, he writes a letter to David, who is an independent retailer selling computers. The letter asks David if he stocks the Aver 330 model laptop and, if so, whether David can deliver it by 20 December. David replies that he does stock the Aver 330 model and includes an invoice with the reply and a letter stating that because of the Christmas holidays he will not be able to deliver the laptop until 12 January. Peter then telephones David at 5.30 on 5 December but the telephone is not answered. He immediately sends an email to David stating that he would like to purchase the Aver 330 model and that delivery on 12 January is acceptable but, if it could be delivered at an earlier date, it would be very much appreciated. The email is read by Susan, David's secretary, at 9.00 am the following day. She prints off the email and puts it in her in-tray to give to David when he arrives at the office. Peter, meanwhile, discovers that he can purchase the Aver 330 model at a cheaper price from another supplier. He telephones David on 6 December to tell David that he (Peter) no longer wants to purchase the laptop. David, who has just been given the printed email by Susan says, that as far as he is concerned, there is a contract between him and Peter and that he will be delivering the laptop on 12 January as agreed. CSA, 2010 Page 1 of 12 Required Advise Peter.(a) 1. Outline four ways through which the Supremacy of the Constitution is manifested. (4 marks) 1. Identify eight sources of law in your country. (8 marks) (b) With specific reference to administrative law: 1. Distinguish between \"substantive ultra wires" and "procedural ultra vires".(4 marks) 2. Discuss four ways in which the independence of theJudiciary is promoted. (4 marks) QUESTION FIVE (a) Summarise four ways through which a person might lose citizenship in your country. (8 marks) (b) With reference to the court structure in your country, outline the hierarchy of the magistrate's courts. (4 marks) (c) Describe four roles of the Attorney General in your country. (8 marks) QUESTION SIX (a) Explain three duties of a bailee in a bailment. (6 marks) (b) Identify four legal consequences of non registration of a hire purchase agreement. (4 marks) (c) With reference to the law of insurance: (i) Describe three grounds upon which the duty of disclosure is justified. (6 marks) (ii) identify two principles of insurance that support the main principle of subrogation. (4 marks) Questions 13. Mr. M has given a request to the company to hold fresh election of directors upon acquisition of a sizable shareholding in the company that is public unlisted company. The directors are supposed to proceed to hold fresh election of directors within a) 30 days of such application b) 60 days of such application c) Any time period as decided by the SECP d) One year of such application 14. A person cannot be appointed as director of a company if he is lacking fiduciary behaviour and a declaration to this effect has been made by the court at any time during preceding a) 3 years b) 5 years c) Any time period as decided by the court d) None of the above is correct 15. The directors of a public company shall meet at least once in a) Every month b) Each quarter of a year c) A year d) None of the above is correct 16 No person shall hold office as director, including as an alternate director at the same time in more than such number of companies as may be specified; however this shall not include the directorship ha 17. In addition to the directors elected and appointed in a general meeting, the _ may also nominate directors on the board of the company if they are empowered to do so by virtue of any agreement in this regard. 18. Directors are appointed for a term of however they may earlier resign from the office and casual vacancy shall be filled by the remaining directors. 19. Instead making a disclosure at separate intervals on each transaction, the director may give a general notice regarding his in other body corporate or partnership in firms so that he may be considered as interested in any transactions, contract or arrangement entered into with these business. 20. Listed companies are further required to appoint independent to handle the transfer of shares and all other obligations of the company as an issuer towards shareholder.QUESTION ONE (a) Explain three rules courts apply in the interpretation of statutes. (6 marks) (b) Describe three rules governing the liability of a retiring partner in the law of partnerships. (6 marks) (c) With reference to natural justice, highlight eight rights of an accused person in criminal proceedings. (8 marks)
