Insights Archives – Page 2 of 23 – The PALM: Legal Mag™

Category: Insights

EAST AFRICA: Historical Land Injustices in Kenya: A Case for The Mariwenyi People, Taita Taveta County By Clinton Nyamongo

Posted by The PALM | Aug 9, 2021 | Africa Today, Insights |

The land question has been a reason for many controversies in the African continent over the years. This is right from the pre-colonial era to date. Land was the reason why elite European nations scrambled for the partition of Africa during the Berlin Conference in 1884. It is not a surprise that, land became the main grievance raised by the Africans during the fight against colonial rule.

Legal and Procedural Challenges in Annulment Proceedings: Can one-year under Section 73(2)(a) of the Marriage Act be Extended? Maina Nyabuti

Posted by The PALM | Aug 6, 2021 | Insights |

The article, thus, explores if one can seek leave to file the annulment petition outside one year as statutorily required through the – Marriage Statutes, Limitation of Actions Act and Procedural Laws. In the context of the marriage laws regime, this article analyses it in two perspectives: before and post 2014.

The Development of a Project by Founding a Management Company, Backed by an Asset Company in West African Countries- Franck Allessie

Posted by The PALM | Aug 3, 2021 | Insights |

The implementation of a project through the creation of a management company (société de gestion in French), backed by an asset company (société de patrinoine in French), is a structure that can offer other advantages than those presented by the contractual structures set out in our current regulations (implementation of a project via a public contract, via a long lease (bail emphythéotique), via a PPP).
The main advantage of this type of scheme is to allow different rounds of financing in each of the companies and therefore to gather the maximum number of stakeholders, whose interests may be complementary, to have the debt borne solely by the asset company, to not involve the private operator in the investment by the asset company and to strictly confine the private operator to its role as operator.

The Intersection Between Law and Technology- Dikeledi Matlhagare

Posted by The PALM | Jul 12, 2021 | Insights |

It is not a shocker that technology law is becoming just as popular as criminal law or civil law. I mean with the world running on technology and the fourth industrial revolution (4IR) rumoured to be knocking on our doorstep, it is not surprising that technology law is gaining momentum and is becoming popular. With so much of the world sharing information on the World Wide Web, something as simple as a picture, a text, downloading a book and distributing it without the authors’ consent or even downloading and sharing music can sometimes be a thin line between a joke, something innocent or a law suit. Why? You may ask.

The Argument for Privatization of Loss-Making Public Enterprises- Ali Smart

Posted by The PALM | Jul 5, 2021 | Insights |

The government has no business doing business. The inherent obligation of the government is to regulate; and ensures the business terrains reflect a fair level playing ground that is transparent enough to absorb healthy competitions and innovations among industry players. The state also must ensure there is constant sanity in the ecosystem that sustains the value chain of economic production. Business can only be business if the utility value of the system remains sacred. The rights of Investors, consumers and all other players in the ecosystem must be well safeguarded in building a fair level playing ground.