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Klaw 205: Equity And Trusts Question Paper

Klaw 205: Equity And Trusts

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2011

COURSE CODE: KLAW 205
COURSE TITLE: EQUITY AND TRUSTS

STREAM: Y2S1
DAY: FRIDAY
TIME: 2.00 – 4.00 P.M.
DATE: 18/03/2011

INSTRUCTIONS:
1. Answer question ONE and any other TWO questions

2. Marks allocated to each question are indicated in brackets at the end of the question.

1. The court will interfere “only when it can, by that means, do more perfect and
complete justice”. Lord Selbourne in Wilson V Northampton and Banbury Junction
Railway Co.
a) Explain the various grounds upon which courts may refuse to grant the equitable
remedy of specific performance. (10 Marks)

b) Identify any two situations where specific performance should be granted
and illustrate with examples why courts should grant such orders. (10 Marks)

2. Explain with relevant examples each of the following maxims of equity.
a) Equity looks to intent rather than form. (5 Marks)

b) Equity acts in personam (5 Marks)

c) Equity will not allow a statute to be used as an instrument of fraud.
(5 marks)

d) Equity will not assist a volunteer (5 Marks)

3. Name and briefly describe various types of express trusts. (20 Marks)

4. a) Pendo, a widower aged 70 orally agreed with Kawaida aged 42, that if she
(Kawaida) would move into his house and look after him for the rest of his life,
paying her own board and utilities, he would leave the house and the contents to her.

Kawaida then gives up her council apartment and moves into Pendo’s house. She
observes her part of the agreement until Pendo’s death, when she learns that Pendo
infact left nothing to her in his will.

In the light of decided cases, advise Kawaida. (10 Marks)

b) Name and describe the various types of injunction. (10 Marks)

5. a) Name the three certainties in a trust. (6 Marks)
b) Explain in detail two of the certainties (14 Marks)

Klaw 205: Equity And Trusts Question Paper

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