Equity Course - J.K ASIEMA OCTOBER 2012 UNIVERSITY OF...

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J.K. ASIEMA OCTOBER 2012 UNIVERSITY OF NAIROBI SCHOOL OF LAW GPR 302: EQUITY COURSE OUTLINE ACADEMIC YEAR 2012/2013 COURSE INSTRUCTOR: J.K. ASIEMA Course Objective The objective of this course is to provide the student with knowledge of the principles of equity from a historical perspective and in modern times. The student will learn the techniques of legal analysis of these principles and how the principles are applied by the court when a party seeks equitable remedies. Learning Outcomes At the end of the course, the student would be able to: a. Understand the nature, historical origin and development of equity in England b. Understand and analyse the maxims of equity c. Understand the principles relating to equitable remedies and analyse how these principles are applied by the court d. Understand the application of equitable principles in Kenya Course Method The lecture method will be used predominantly together with the clinical, practical method to ensure active participation by students. Some course materials will be distributed in advance of a particular lecture and students are required to read the materials beforehand in order to enrich and enhance class discussions. 1
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J.K. ASIEMA OCTOBER 2012 COURSE CONTENT I. NATURE, HISTORICAL ORIGIN AND DEVELOPMENT OF EQUITY IN ENGLAND II. MAXIMS OF EQUITY III. EQUITABLE REMEDIES 1. Specific Performance* 4. Rescission 2. Injunction* 5. Appointment of Receiver 3. Rectification of Documents 6. Declaration IV. APPLICATION OF EQUITABLE PRINCIPLES IN KENYA RECOMMENDED READING TEXTS (Consult the most recent editions) 1. Megarry R.E. and Baker P.V., SNELL'S Principles of Equity 2. Hanbury and Maudsley, Modern Equity 3. Pettit Philip, Equity and the Law of Trusts 4. Meagher, Gummons and Lehane, Equity Doctrines and Remedies 5. Heydon, Gummons and Austin, Cases and Materials on Equity and Trusts 6. Holdsworth, History of the English Law 7. Kiralfy A.K.R., Potter's Outlines of English Legal History 8. Halsbury's Laws of England 9. Black's Law Dictionary 10. Allott, New Essays in African Law 11. Richard Kuloba, Principles of Injunctions 12. Chris Chang and John Weldon, Equity and Trusts 13. J.E. Penner, The Law of Trusts 14. Paul Todd, Equity and Trusts 15. Ahmednasir M. Abdullahi, Burial Disputes in Modern Kenya: African Customary Law in a Judicial Conundrum STATUTES: 1. The Supreme Court of the Judicature Act 1873 (36 & 37 Vict. C. 66) 2. Supreme Court of the Judicature Act 1875 (38 & 39 Vict. C. 77) 3. East Africa Order-in-Council 1897 4. East Africa Order-in-Council 1902 5. East Africa Order-in-Council 1911 6. Kenya Order-in-Council 1921 7. The Judicature Act 1967 (Cap 8 Laws of Kenya) 2
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J.K. ASIEMA OCTOBER 2012 8. The Limitation of Actions Act (Cap 22 Laws of Kenya) 9. The Law of Succession Act (Cap 160 Laws of Kenya) 10. The Wakf Commissioners Ordinance 11. The Mohammedan Marriage Divorce and Succession Ordinance 12. The African Christian Marriage and Divorce Act 13. The Constitution of Kenya 2010 I. NATURE, HISTORICAL ORIGIN AND DEVELOPMENT OF EQUITY IN ENGLAND READINGS 1. Kiralfy A.K.R., Potter's Outlines of English Legal History (5th Ed.), Chapter 16, PP. 247-267 2.
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  • Summer '16
  • 402
  • Law, Ch., English contract case law, Court of Appeal of England and Wales cases, J.K. ASIEMA, East Africa Order-in-Council

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