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Equity And Trusts 2010/2011 Academic Year Question Paper
Equity And Trusts 2010/2011 Academic Year
Course:Bachelor Of Laws
Institution: Kabarak University question papers
Exam Year:2010
INSTRUCTIONS:
• Answer Question 1 (ONE) AND any other 2(TWO) Questions
• Read each question carefully before attempting
• Each question is allocated marks alongside it in brackets
1. i) a) Define equity ( 2 Marks)
b) “We ought to think of equity as a supplementary law, a sort of appendix added
on to our code, or a sort of gloss round our code” Maitland.
Discuss the authenticity of the above statement. (14 marks)
ii) “It is clear, clear therefore, that a stranger to a contract cannot sue on it either in India
or in England or in Kenya” Chanan Singh, J in Nayar v sterling General Insurance
Co. Ltd (1966) E.A at p 149.
To what extent is this principle modified in equity? (14 marks)
2. a) Explain the maxim that suggests that lapse of time is not a defence to a claim in
equity?
b) Explain the maxim “equity will not suffer a wrong to be without a remedy
2. A vendor conveyed land to a purchaser without receiving the purchase money
and nevertheless endorsed a receipt for the purchase money on the deed and
delivered the title to the purchaser. The purchaser subsequently deposited the title-
deeds by way of equitable mortgage with a mortgagee who had no notice that the
purchase money was unpaid. The vendor wished to enforce his equitable lien against
the equitable mortgagee.
How would you decide?
3. a) “ legal remedies can be claimed as right, but equitable remedies are always
awarded at the discretion of the court”
Explain the basis of this statement
b) Briefly explain the doctrine of election. Point out exceptions if any
4. “if parties for valuable consideration, with their eyes open, contract that a particular thing
shall not be done, all that a court of Equity has to do is to say, by way of injunction, that
which parties have already said by way of a covenant(agreement) that the thing shall not
be done.” (Lord Cairns)
Explain with examples the scope of this statement.
5. The defendants bought land in Kisumu, and they applied to the Commissioner of Lands
for permission to subdivide the land into building plots. Permission to subdivide the land
was given by the Commissioner of Lands subject to the condition, inter alia, that the
defendants must construct and maintain to the City Council’s specification and
satisfaction all the roads of six feet consolidated murram carriageway and to approved
gradients and camber and with stone pitched side drains. The defendants constructed and
for some time maintained the roads in a condition satisfactory to the council, but at the
time of the commencement of the action the defendants were not maintaining the road to
the city council’s specification and satisfaction. The Attorney-General on behalf of the
Commissioner has sued the defendants alleging that there was a breach of the above
condition, and seeking an injunction to enforce.
a) state first, in general, and second in particular to these facts whether an injunction can
be granted at the instance of the Attorney General
b) Assuming that an injunction may be granted at the instance of the attorney General
what type of injunction should he ask for? What are the reasons for your answer?
c) What are the principles upon which the court should act in this case in deciding the
granting or withholding of the kind of injunction asked for.
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