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The Law of Property

Unit: Introduction to Law and Governance

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Practice CPA Introduction to Law and Governance The Law of Property questions with detailed answers and explanations.

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April 2026

 1 Questions
Question 2
​​(a) Distinguish between “real property” and “personal property”.     
 
(b) Outline SIX characteristics of a good law. 
 
(c) Enumerate SIX rules governing revocation of an offer. 
 
(d) Edith Atieno ordered 120 cartons of bottled water from Lilo Traders at Sh.1,500 per carton. The seller delivered 140 cartons and demanded payment for all 140 cartons. 
  
 Required: 
(i) Identify TWO options available to the buyer under the Sale of Goods Act where a seller delivers a larger quantity than ordered.  
  
(ii) Summarise TWO remedies available to the seller if the buyer wrongfully refuses to pay for cartons accepted. 


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December 2025

 3 Questions
Question 1
​​(a) Distinguish between “agency” and “bailment”.  
 
(b) Outline FOUR disadvantages of judicial precedent.  
 
(c) Jane Vilakazi went to KiloRide Bus Company to travel from Nairobi to Kisumu. At the ticket counter, she was given a ticket that stated on the back: “The company is not liable for any loss, injury or damage to passengers, however caused.” Jane Vilakazi did not read the clause. During the journey, the bus driver, who was drunk lost control of the bus causing an accident in which Jane Vilakazi was seriously injured and her luggage was destroyed. Jane Vilakazi sued KiloRide Bus Company for damages.  
 
The company relied on the exemption clause to decline compensation. Advise Jane Vilakazi on the following: 
 
(i) The law on exemption clauses. 

(ii) Vitiating factors in contract law.


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Question 6
​​(a) Statutes of General Application are recognised as a source of Law of Kenya by Section 3 (1) (c) of the Judicature Act. However, their application is restricted.  
 
List FOUR ways in which they can only be relied upon.  
 
(b) With reference to the law of property, describe FOUR types of interests in land. 
 
(c) Examine FOUR acts that constitute professional misconduct for an accountant.  


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Question 7
​​(a) Explain TWO differences between “mercantile agent” and “a del credere agent” in agency law. 
 
(b) Highlight SIX advantages of using tribunals rather than the ordinary courts in resolving disputes.  
 
(c) Evaluate FIVE forms of intellectual property recognised under property law in your country.  


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August 2025

 2 Questions
Question 7a
​​In relation to the law of property, outline FOUR categories of real property.


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Question 6a
​​Outline FOUR grounds for revocation of patents in your country.


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April 2025

 2 Questions
Question 6c
​​With reference to Sectional Properties Act, explain FIVE obligations of a lessor.


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Question 2a
​​Summarise FOUR roles of advocates in land transactions in your country.


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December 2024

 1 Questions
Question 5c
​​In relation to the law of property, discuss FOUR ways in which an easement may terminate.


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August 2024

 2 Questions
Question 4b
​​With reference to joint tenancy, summarise SIX ways in which co-ownership of property may be terminated.


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Question 5a
​​With reference to property law, identify FOUR rights of a tenant.


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April 2024

 2 Questions
Question 5a
​​In relation to intellectual property, explain the following: 

(i) Plant breeders’ rights. 

(ii) Copyright. 

(iii) Patent. 

(iv) Industrial designs.


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Question 2c
​​In relation to the law of property, list the EIGHT contents of a lease agreement.


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December 2023

 2 Questions
Question 4c
​​With regards to land ownership, state FOUR ways in which absolute proprietorship can be created.


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Question 2a
​​Describe the following aspects with regard to trademarks as an intellectual property: 

(i) Infringement of trademark. 

(ii) Passing off.


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August 2023

 2 Questions
Question 3a
In relation to intellectual property law, identify which intellectual property right is required for the following typer of intellectual property.
Type of Intellectual PropertyIntellectual property rights
For example:New plant varietiesPlant breeder's rights
(i)
(ii)
(iii)
(iv)		Inventions
Works of art and authorship
Source identification/brand names
Proprietary information





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Question 2a
​​Outline THREE types of freehold interests in land


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April 2023

 1 Questions
Question 1a
​​Identify FOUR grounds for refusal of registration of a trademark


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December 2022

 3 Questions
Question 6c
​​Describe FOUR characteristics of tenancies.


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Question 6b
​​With reference to the law of property, describe THREE forms of interest in land.


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Question 6a
​​(i) In relation to intellectual property, identify TWO types of works that are eligible for copyright protection.

(ii) Highlight FOUR advantages of tribunals.


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August 2022

 2 Questions
Question 4c
​​Discuss five defenses of a trademark infringement.


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Question 6b
​​In relation to the law of property:

(i) Describe sectional properties.

(ii) Outline the four roles of lawyers in land transactions.


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April 2022

 2 Questions
Question 3d
​​Describe two ways in which absolute proprietorship is created.


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Question 3c
​​In relation to the law of property, explain the meaning of the following terms:

(i) Fee simple.

(ii) Fee tail.


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Pilot December 2021

 3 Questions
Question 3b
​ ​ ​​Explain five functions of the management company in Sectional Properties Act


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Question 6a
​​With reference to the Constitution, list five ways of identifying public land.


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Question 6b
​​Yusit invented an automatic machine which dispenses drugs automatically when you insert a prescription into the machine. Aumatech modified the machine and passed it to the market as Aumatech. Yusit has lost significant revenue as a result. 

Required: 
Advise Yusit on the cause of action against Aumatech.


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August 2021

 1 Questions
Question 4b
​​Highlight four circumstances under which termination of a lease by surrender might arise by implication


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May 2021

 1 Questions
Question 6a
​​In the context of intellectual property (IP) law:

(i) Define the term "infringing copy"

(ii) Identify four works that are eligible for copyright


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November 2020

 1 Questions
Question 5a
​​(i) Identify six duties of a lessor under a lease agreement.

➧ Duty to put the tenant in possession.

➧ Duty to ensure quiet enjoyment.

➧ Obligation not to undermine grants.
➧ Obligation to repair roofs, walls, gutters, common aisles, and fixtures.

➧ Obligation to suspend or change rent.

➧ Duty to provide fit-for-purpose housing.

(ii) State four defences to copyright infringement.

➧ It's a fair deal if you're using the work for critique or review for personal use.

➧ Public interest, where copyright is used for the public interest.

➧ Copyright does not applyto works. That is, unless it is original.

➧ Written or oral consent was obtained.
➧ The copyright owner expressly abandoned rights (rare, must be proven).
➧ The work is no longer protected (e.g., Shakespeare’s plays, Beethoven’s music).
➧ The copying was trivial or insignificant (e.g., a brief, unintentional clip in a film).


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November 2019

 1 Questions
Question 7a
​​ With reference to the law of property: 

(i) Outline three conditions for the remedy of statutory power of sale. 

(ii) List three ways in which co-ownership might be terminated. 

(iii) Explain the two types of chattels personal.


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May 2019

 1 Questions
Question 4a
​​ (i) Highlight six types of inventions which might not be patented. 

(ii) List four property rights that might be created by a contract over a piece of land.


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November 2018

 1 Questions
Question 2c
​​Outline six common servitudes under the law of property.


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May 2018

 1 Questions
Question 5a
​​(i) In relation to the law of property, distinguish between "joint tenancy" and "tenancy in common". 

(ii) Enumerate six lawful ways through which a person might acquire property other than by purchase.


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November 2017

 1 Questions
Question 4a
​​With reference to the law of intellectual property, discuss four advantages of registering an industrial design.


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May 2017

 1 Questions
Question 1b
Describe five grounds upon which a patent registration might be revoked.


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November 2016

 1 Questions
Question 4b
​​In relation to the law of property: 

(i) Highlight four elements of a patentable invention. 

(ii) Explain three types of property in land.


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May 2016

 1 Questions
Question 7a
​​ With reference to the law of property, explain two characterístics of a plant breeder's patent.


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November 2015

 1 Questions
Question 4b
​​Summarise six ways in which a lease agreement might be terminated.


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Pilot September 2015

 3 Questions
Question 7b
​​Highlight three differences between possession and ownership of land.


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Question 3b
​​Where a mortgagor defaults in repayment of the mortgage, the mortgagee has a right to appoint a receiver to realise the assets of the mortgagor. 

Highlight the order of priority of payments by the receiver.


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Question 3a
​​List four grounds that might lead to rejection of an application to register a trademark.


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