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dc.contributor.authorNdegwa, Christopher Kiragu
dc.date.accessioned2016-10-12T15:48:12Z
dc.date.available2016-10-12T15:48:12Z
dc.date.issued2016
dc.identifier.urihttp://hdl.handle.net/11071/4884
dc.descriptionProject submitted in partial fulfilment of the requirement for the Bachelor of law (LL.B) degree at Strathmore Universityen_US
dc.description.abstractAmendment No. 9 of 2006 of the Kenya Banking act introduced the in duplum rule into Kenyan legislation. The rule provides that with respect to non-performing loans, only the principal owing when the loan becomes non-performing: contractual interest in not exceeding the principal owing when the loan becomes non-performing; and expenses incurred in the recovery of any amounts owed by the debtor may be recovered. This statutory rule has its rule in South African common law. Kenyan jurisprudence has demonstrated a divergence from interpretations of the rule as per other jurisdictions where the rule has a long standing history such as South Africa. This is indicative of a misnomer which upon further interrogation reveals that section 44A of the Banking Act is merely a semblance of the in duplum rule and not the in duplum rule stricto senso.The aim of this paper is to scrutinize the rule while carrying out a comparative analysis in a bid to address the issue of whether our enactment of the in duplum rule will effectively serve the purpose for which it was enacted; protection of consumers of credit.en_US
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.titleIn Duplum rule in Kenya: a critical analysis of the Unaddressed aspects of section 44A of the banking acten_US
dc.typeLearning Objecten_US


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