A business name is a registered trading name without a separate legal status, while a company is a distinct legal entity with limited liability from the owner. Under a business name, you run your business, under and, with your personal standing, while for a company, it’s an entirely different person, with full capacity, as subscribed and managed by you.
You can simply go to https://efiling.court.go.ke/kiosks then proceed to enter your case details. To get accurate information on your case, You’ll need; specific court where case was filed,(high court or subordinate court), case type, case number and year. Results will be a display of case parties, next coming-up date, among other details of the case.
Buying a Shamba: First, conduct a search at the Land Registry to check if the shamba has any legal claims or encumbrances. You’ll need a copy of the title deed and seller’s ID for this. Once the land search is clear, you can move forward with the Sale Agreement, where the terms, including the payment plan, will be agreed upon between the parties, and captured therein Agreement. After that, the transfer process begins, which envisages executing of necessary transfer documents, and acquisition of attendant-approvals, then subsequently, registration of title transfer at the Land Registry from seller to you, culminating in issuance of the Title Deed in your name. Selling a Shamba: Once the buyer and seller agree on terms, they will sign a Sale Agreement that outlines all the important details, especially the rights and obligations of the parties. The seller, being the transferor, must provide the title deed along with any necessary clearance and completion certificates to the buyer, so as to pave way for an easy transfer from you to the buyer.
Ordinarily, a party cannot calculate length of time a case filed in Court would take. Several factors are at play during running of case beyond control of any party, including; delays in filing of documents, courts not sitting, adjournment of matters, transfer of files, lost files at the courts registry, among other reasons. Judiciary is constantly evolving and improving to streamline the delivery of justice, as now since virtually- operated courts, from whatever distance, bring in an efficiency to the fast administration of cases. Alongside, running concurrently, is the judiciary online filing portal systems, ( https://efiling.court.go.ke >) which has fast-tracked and modernized the timely filing of documents in Court, with so much efficiency. Conversely, in certain cases, such as Succession Cases, (see link, to question; what do I need to start a succession case, or follow up with a deceased’s property?) which are rather tentative easier to predict, where deceased didn’t leave behind a will, and no contentions in dividing deceased’s assets between beneficiaries. They take slightly less than a year. Most of this time, is spent by the sixty-day gazette-notice period, and the compulsory six-month wait for confirmation, after acquisition of Grant of Letters.
You will require a copy of deceased’s death certificate, and letter from chief or assistant chief of area where the deceased was living at time of his death. For the beneficiaries, nominate 1-4 proposed administrators (managers) of the estate and two guarantors. Also, prepare an inventory of the deceased’s assets and liabilities. Any unresolved property transfers or sales will be addressed during the court's succession process.
Creation of the Small Claims Court, is an exemplification of the streamlined delivery of justice recently envisaged over the last few years. The Small Claims Court, is a subordinate court, presided by an Adjudicator, mandated by Article 169(1d) of the Constitution of Kenya, 2010. (Insert link/posts to link that one can view a document, (then attach the Constitution). They are progressively being established within the physical locations of existing courts to enhance accessibility and integration. Main features include; simple, affordable procedure, handling claims of Kshs. 1 million or less; a hands-on, party-driven case process, a 90-day statutory timeline from start of case to delivery of judgment, less intimidating court atmosphere, among, and other benefits driving quick dispense of justice since their creation.
Companies, are legal vehicles, contrasted from business names (attached link to question; what is the difference between a business name and a company?). They have an independent legal entity, separate from the subscriber/director, and enjoy limited liability. To register a company, you’ll need: • Proposed company names • Nature of business activity • Registered primary address of the company • Details of proposed director(s), shareholder(s), and beneficial owner(s) • Proposed shareholding structure Proceed to submit the signed documents through the virtual companies’ registry (https://accounts.ecitizen.go.ke). At the conclusion, which tentatively takes about a week, two, or slightly more, the Companies Registrar will issue a Certificate of Incorporation and an official Company Search (CR-12). At this point, your company is officially registered and gains full legal status.
If the deceased leaves beneficiaries and dependants, who relied on them for daily support; a party can file an Application seeking temporary access to the deceased’s bank accounts to meet urgent needs. Applicant must prove connection to deceased, in terms of relation. The requirements for filing this Application are more or less similar to those of a normal succession cause. (see link: What do I need to start a succession case, or follow up with a deceased’s property?). Unlike the regular succession cause, these Applications are urgent due to immediate needs of dependants, but still follow the regular court procedures, in terms of aspects such as Court appearances.
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