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The product enabled a cellphone user with no airtime to send a message to the other cellphone user, asking that person to call. Vodacom’s internal newsletter stated that thanks to the Applicant who suggested the service to the product development team, which took up the idea, Vodacom had launched a new product called ‘Please Call Me’. The newsletter also declared its success.
We aggregate them based on user trustworthiness for each site. We cannot give any guarantees because these sites don't belong to us. Kenyan Courts are yet to encounter a case where a director of a company enters into an agreement with an employee and thereafter denies that the official had authority to do so. Where the issue of authority had been pertinently raised before the commencement of the action it was usual for ostensible authority to have been pleaded in the particulars of claim. Where the plaintiff alleged authority and was denied in the plea, ostensible authority was raised by way of a replication.
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That meant that courts must have at all times bore in mind the provisions of section 39 when interpreting legislation. If the provision under construction implicated or affected rights in the Bill of Rights, then the obligation in section 39 was activated. The court was duty-bound to promote the purport, spirit and objects of the Bill of Rights in the process of interpreting the provision in question. Therefore, it was clear that, even if the representee was not an outsider, under apparent authority the principal could still have been bound.
That ostensible authority was a manifestation of estoppel by representation was clear. A more serious objection might have been that the issue of ostensible authority was not at any stage properly pleaded. The pleading was seriously deficient in detail and that the obligation to plead all the elements of estoppel had been ignored. But Vodacom initially sought particularity by way of a request for particulars for trial and, when the answer failed to disclose the requested particulars, no attempt had been made to compel a proper reply.
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It was apparent that estoppel and ostensible authority were different, even though there may have been some overlap between them. Ostensible authority was the power to act as an agent indicated by the circumstances, even if the agent may have not truly have been given the power. Whereas estoppel, as was observed in West, was the rule that precluded the principal from denying that she gave authority to the agent.
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The proposition that estoppel may have only been used as a shield and not a sword did not relate to the manner in which it was pleaded, but to the use to which it was put. One of its proper uses was to remove an impediment to the successful prosecution of an action. Invoking it in relation to a plea that the representative of a contracting party lacked authority to conclude the contract was an obvious example. In that case it overcame the hurdle of absence of authority and bound the other party to the contract concluded without authority. It was pointless to say that, where there was no actual authority, either express or implied, the plaintiff must have nonetheless alleged authority and waited for the inevitable denial in order to raise what was all along the real issue, namely, ostensible authority. Vodacom may have been entitled to raise the legal defences it advanced.
But if the principal were to deny that she had conferred the authority, the third party who concluded the juristic act with the agent may have pleaded estoppel in replication. You found the ultimate one-stop shop for stylish men’s and women’s clothing from top fashion brands around the globe. Whether you’re searching for the latest looks in denim, jackets, outerwear, pants, shorts, skirts, dresses, sweats, hoodies, sweaters, swimwear, uniforms, shoes, tops and beyond–it’s all here. Both apparent contract and apparent authority derived their existence from the conduct of the party to have been held liable. They came into being from what reasonably appeared to be the position.
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How to login easier? Let me give you a short tutorial. This case will go a long way in assisting Kenyans courts when faced with a similar situation as the one that faced the South African Court. The Companies Act, 2015 under section 34 provides that a person dealing with a company in good faith, the power of the directors to bind the company, or authorise others to do so, is free of any limitation contained in the company’s constitution. The obligation that underlined the existence of the debt must have been one that was capable of being discharged by one or other of these means.
Actual authority and ostensible or apparent authority were the opposite sides of the same coin. If an agent wished to perform a juristic act on behalf of a principal, the agent required authority to do so for the act to bind the principal. If the principal had conferred the necessary authority either expressly or impliedly, the agent was taken to have actual authority.
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