EQUITY

-Historical development of equity

-The nature of equitable interest
-Jurisdiction
-Maxims of equity
-Equitable remedies: general principles
-Special equitable defences
-The rules as to priorities of legal estates and equitable interest
-Legal and equitable assignments
-The doctrine of conversion and re-conversion, election performance and
satisfaction
-Mortgages, pledges and liens
-Persons under disability

TRUSTS
-Definitions and classifications of trusts
-Express private trusts
-Secrets trusts
-Imperfect gifts
-Setting trusts aside
-Charitable trusts
-Implied, resulting and constructive trusts
-Trust: appointment, retirement and removal: their duties, discretions and
powers.
-The administration of a trust
-Breach of trust and the remedies of beneficiaries
-Fraud in equity

Books of references
Snell;s principles of Equity
Hanbury and the Law of Trusts
Nathans Equity through the cases
J.D. Heydon et al chapter 4
R.B. Meagher- Equity doctrines and Remedies
Statutes
Trustee Act Cap 167
Transfer of property Act 1882 of India
The Indian contract Act
Questions

What is the status of equity in the legal system of Kenya

Among the points which are expected to be raised in this essay, the
following points may be included:-
1. what is equity?
a) Its peculiar identifying features
b) Compared and contrasted with customary law
c) Compared and contrasted with religious law
d) Compared and with statutory law
e) Conclusion as to its nature generally

2. all equitable interests, rights, defences and remedies. Their nature as

compared with others.
3. application to Kenya
a) is equity particularly English? Why?
b) How English equity was applied to Kenya
i) Juridical base
ii) extent of application
iii) all statutory incorporation of equitable concepts, etc
iv) why English equity was applied, and why it has
continued to apply in Kenya up todate.

Try to be as exhaustive as possible on each of the points which you

may wish to raise. You do not have to follow the above order if you have
good reasons to reverse or depart from it. The above points are not
exhaustive.

There are many local cases on the points which are involved in this
question. All of them must be in their relevant positions. Relevant local
statutes (including applied legislation) must be referred to in so far as they
are relevant.
 This question probably covers the whole area of your study of the
subject of equity. A careful and well annotated essay will give you a good
basic understanding of the specific topics with which you will be dealing
later.