Tuesday, 3 December 2019

Writing your Dissertation


 1.  The Introduction

As a general rule, your dissertation introduction should generally do the following things:
  • Provide preliminary background information that puts your research in context
  • Clarify the focus of your study
  • Point out the value of your research
  • Specify your specific research aims and objectives

    2. The background section

    One of the main purposes of the background section is to ease the reader into the topic. It is generally considered inappropriate to simply state the context and focus of your study and what led you to pursue this line of research. The reader needs to know why your research is worth doing. You can do this successfully by identifying the gap in the research and the problem that needs addressing. One common mistake made by students is to justify their research by stating that the topic is interesting to them. While this is certainly an important element to any research project, and to the sanity of the researcher, the writing in the dissertation needs to go beyond ‘interesting’ to why there is a particular need for this research. This can be done by providing a background section. You are going to want to begin outlining your background section by identifying crucial pieces of your topic that the reader needs to know from the outset. A good starting point might be to write down a list of the top 5-7 readings/authors that you found most influential (and as demonstrated in your literature review. Once you have identified these, write some brief notes as to why they were so influential and how they fit together in relation to your overall topic.

    3. The research focus

    The research focus does two things: it provides information on the research focus (obviously) and also the rationale for your study. It is essential that you are able to clarify the area(s) you intend to research and you must explain why you have done this research in the first place. One key point to remember is that your research focus must link to the background information that you have provided above. While you might write the sections on different days or even different months, it all has to look like one continuous flow. Make sure that you employ transitional phrases to ensure that the reader knows how the sections are linked to each other.
    The research focus leads into the value, aims and objectives of your research, so you might want to think of it as the tie between what has already been done and the direction your research is going. Again, you want to ease the reader into your topic, so stating something like “my research focus is…” in the first line of your section might come across overly harsh. Instead, you might consider introducing the main focus, explaining why research in your area is important, and the overall importance of the research field. This should set you up well to present your aims and objectives.

    4. There are four things you need to remember when creating research objectives. These are:
    • Appropriateness (each objective is clearly related to what you want to study)
    • Distinctness (each objective is focused and incrementally assists in achieving the overall research aim)
    • Clarity (each objective avoids ambiguity)
    • Being achievable (each objective is realistic and can be completed within a reasonable timescale)

      5. The Conclusion

      Your dissertation conclusion will do one of two things. It may fill you with joy, because it signals that you are almost done. Or it may be a particularly challenging test of your mental strength, because by this point in the dissertation you are likely exhausted. It is your job at this point to make one last push to the finish to create a cohesive and organised final chapter. If your concluding chapter is unstructured or some sort of ill-disciplined rambling, the person marking your work might be left with the impression that you lacked the appropriate skills for writing or that you lost interest in your own work.
      To avoid these pitfalls, you will need to know what is expected of you and what you need to include in your successful dissertation conclusion chapter.
      There are three parts (at a minimum) that need to exist within your dissertation conclusion. These include:
      • Research objectives – a summary of your findings and the resulting conclusions
      • Recommendations
      • Contributions to knowledge

Wednesday, 27 November 2019

Opposing a bankruptcy petition (Insolvency Cause...)


If you are served with a bankruptcy petition which seeks to adjudge you bankrupt in securing a debt that is allegedly owed by you, there are various grounds upon which you can rely on in opposing the steps that may result to the making of a bankruptcy order.
How can I oppose a bankruptcy petition?
A bankruptcy petition may be challenged based on the following substantive grounds:
·         The debt alleged in the demand to be owing is genuinely disputed on substantial grounds by the debtor. If the debt is disputed, the petition will likely be dismissed by the court;
·         however, unsuccessful arguments presented in an attempt to set aside a statutory demand cannot be reheard by the Court at the bankruptcy petition hearing;
·         the Court can also dismiss the petition if it is satisfied that the debtor is able to pay all the debts to the creditor; or
·         The company has a genuine right of set-off against the creditor which exceeds the amount claimed in the demand.
·         One can argue that the petition is pre-mature; an abuse of the court process as the creditor is yet to exhaust recovery mechanisms available to it in law against the Debtor. Alternatives to bankruptcy are provided for under S. 14 of the Insolvency Act.
·         More grounds to be added…
What is the procedure to oppose a bankruptcy petition?
The procedure to oppose a bankruptcy petition is to file a replying affidavit in response to the filed bankruptcy petition. in the R.A. you will be expected to provide grounds upon which you decline issuance of a bankruptcy order. The response is to be filed as per the timeline set out by the Insolvency Regulations and Act. This is usually days before the hearing date is set. 
You are equally expected to file copies of evidence which support the reasons as to why you should not be declared bankrupt as soon as it is reasonably practicable.
Malicious Presentation of a bankruptcy Petition
A malicious bankruptcy petition is one that has been presented against a debtor for an improper or wrongful motive. A debtor that suffers a malicious petition can bring a Court claim for malicious prosecution against the petitioner.
Instruct Expert Bankruptcy Petition Lawyers
It is very important that you seek legal advice as soon as a bankruptcy petition is served upon you. To reduce failure risk, it is advised that you instruct specialist bankruptcy petition lawyers. Generally many solicitors are unfamiliar with the Insolvency Rules and the minutiae of the bankruptcy process, we are experts in dealing with matters surrounding individual insolvency.

Wednesday, 13 November 2019

Sample Discharge of a charge


DATED this……………………………..……day of……………………………………………….2019


PAUL


to


BANK OF KENAYA

DISCHARGE OF CHARGE



-of-  

L.R. No. 209/&&&

DRAWN BY:

YYYYYYYYYYYYYY & CO.
ADVOCATES
XXXXXX PLAZA, 8TH FLOOR
ARGWINGS KODHEK ROAD-TIMAU ROAD JUNCTION
P. O. BOX 55207
NAIROBI




REPUBLIC OF KENYA
IN THE MATTER OF THE LAND ACT NO. 6 OF 2012,
IN THE MATTER OF THE LAND REGISTRATION ACT NO. 5 OF 2012 AND
IN THE MATTER OF THE REGISTRATION OF TITLES ACT CAP 281 (REPEALED)

DISCHARGE OF CHARGE

OVER TITLE NUMBER LAND REFERENCE 209/&&&

MEMORANDUM

(Form of Discharge of Charge adopted from the First Schedule (seems there’s no particular form)
of the Registration Titles Act (Chapter 281) (Now Repealed)
Pursuant to Section 108 of the Land Registration Act 2012)


BANK OF KENYA, a limited liability company incorporated under the Companies Act (Cap 486 of the Laws of Kenya) and of P.O. Box 000-00100 Nairobi in the Republic of Kenya and having its registered offices in Nairobi in the aforesaid Republic (hereinafter called “the Chargee”) being registered as the Chargee by virtue of a charge dated on the Nineteenth day of January, Two Thousand and Seven and registered in the Registry of Titles at Nairobi as Number I.R. 08 (hereinafter called “the Charge”) in order to secure the repayment of the sum of Kenya Shillings Six Million (Kshs. 6,000,000.00) due under the charge together with interest thereon mentioned IN CONSIDERATION of all the moneys and interest due under the charge having been fully paid and satisfied on or before the execution of these presents (the receipt whereof the Lender hereby acknowledges) DO HEREBY RELEASE AND DISCHARGE ALL THAT piece of land situate in the city of Nairobi in the Nairobi Area of the said Republic containing by measurement Nought decimal One Nought Nine Eight (0.1098) of a hectare or thereabouts that is to say Land Reference Number 209/&& being the premises comprised in a Certificate of Title registered in the Land Titles Registry in Nairobi as Number I.R. 8 which said piece of land with the dimensions, abuttals and boundaries thereof is delineated on the plan annexed to a Partial Discharge registered as Number I.R 1 and more particularly on Land Survey Plan Number 1 deposited in the Survey Records Office at Nairobi and thereon bordered red HELD by the Chargor for the term of Ninety Nine (99) years from the first day of July, One Thousand Nine Hundred and Eighty three SUBJECT to the payment of a revisable  annual rent of Kenya Shillings Nine Hundred and Twenty (Kshs. 920/=) payable on the First day of January each year AND to the Acts Special Conditions and encumbrances and other matters specified in the Memorandum in the Charge and further confirm and agree that the same is FREED AND DISCHARGED from all the moneys and interest secured thereby and from all claims and demands under the Charge or otherwise howsoever.

IN WITNESS WHEREOF the duly authorized officials of the Chargee have hereunto set their respective hands the day and year first hereinabove written.


SIGNED by the duly appointed and constituted                     )
Attorney of the Chargee under and by virtue of a                  )
Power of Attorney Registered in the Land Titles                    )
Registry, at …………………………………………….                        )
as I. R. P/A ……………………………………………..           )
                                                                                                )
                                                                                    )
                                                                                    )
                                                                                    )
                                                                                    )
                                                                                                      )      NAME:                           
                                                                               )                                                                                                                                                                       )                                  
                                                                                 )      SIGNATURE:                                         
)                            
                                                                                    )
                     )
            Verification of execution pursuant to Section 45 of the Land Registration Act

I ………………………………………, an advocate of the High Court of Kenya CERTIFY that I was present and saw the above named Director/ Director and Company Secretary sign this Charge and that he/she/they had freely and voluntarily executed this instrument and understood its contents.



DRAWN AND FILED BY:
YYYYYYYYYYYY AND CO.
ADVOCATES
XXXXXXXXXX PLAZA, 8TH FLOOR
ARGWINGS KODHEK ROAD
P.O. BOX 2222222-00900
NRB

Writing your Dissertation

 1.  The Introduction As a general rule, your...