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…PW1 expressly admitted in cross-examination that the policy document did not indicate cover for common law claims.…

…It does not indemnify an employer against liability arising from a common law claim grounded on negligence.…

…A common law wife is one who is married by union which though informal was recognized as valid by the common law according to Strouds’ Judicial Dictionary and Words and Phrases, 4th edition, 1974 page 3014.…

…Kirundi said the Kikuyu recognize a ‘common law wife’ and referred the court to section 3 (c) of the Judicature Act (cap 8), thus implying that because the concept of the common law marriage was part of the common law in…

…A licence of this kind may be either gratuitous or contained in a contract for valuable consideration: in either case at Common law it was revocable at the will of the licensor and was therefore no justification for any act…

…If, however, the licensee insists, notwithstanding the revocation of his licence (even though it is thus premature and wrongful), in entering or remaining on the land or in otherwise exercising his licence, he becomes at common…

…He blamed the respondent for negligence and abdication of its responsibilities under the statute and common law.…

…In the pendency of this payment, the appellant sued the respondent for special and general damages under common law.…

…They followed the interpretation under the common law but not the statute.…

…That being so, I see no reason to depart from the common law rule.”. 67.…

…law and/or doctrines of equity.…

…That, it is established in law that the substance of common law and doctrines of equity do not apply where there are express statutory provisions.…

…law and/or doctrines of equity.…

…That, it is established in law that the substance of common law and doctrines of equity do not apply where there are express statutory provisions.…

…Section 16 of WIBA explicitly bars common law civil claims for employment-related injuries.…

…The statutory bar to common law civil claims is substantive and jurisdictional. In the oft-cited case of Owners of the Motor Vessel Lillian S vs.…

…This is the essence of the doctrine of unconscionability , a common law principle recognised under the Law of Contract Act and applied through English common law via the Judicature Act. 11) The Court of Appeal’s decision…

…While this position is a clear and a rare departure from the English Common Law, it is more progressive and appropriate in the Kenya circumstances.…

…While previous cases have not provided a clear rationale for this departure, Justice Musyoka made a justification for this departure in Martin Gicimu Kamanga (Supra) thus; “ Of course, under English common Law, loss of user…

…law duty of care owed to the appellant. 4.…

…The appellants submitted that its claim against the respondent for recovery of costs of repairing its motor vehicle was based on the common law principle of bailment which had been sufficiently proved. 12.…

…The common law is stated in terms in Halsbury’s Laws of England Vol 16, 4th Ed para 647. “647 Grounds for dismissal discovered subsequently.…

…It follows that at Common Law the learned judge was bound to regard the defence as the vital issue and not what was said at the time of dismissal.…

…While this position is a clear and a rare departure from the English Common Law, it is more progressive and appropriate in the Kenya circumstances.…

…While previous cases have not provided a clear rationale for this departure, Justice Musyoka made a justification for this departure in Martin Gicimu Kamanga (Supra) thus; “ Of course, under English common Law, loss of user…

…The respondent could either lodge his claim through the Act, which he did but no remedy was forthcoming, or pursue the remedy under common law through the courts.…

…Every person has a right to pursue a remedy under common law, for a wrong or injury suffered.…

…At the conclusion of a review of the evidence, the judge held that at common law an employee takes upon himself risks necessarily incidental to his employment; that an employer does not warrant the safety of the employee’…

…It was held that in failing to take such precautions as would guard him from being injured, the employers were guilty at common law.…

…A foundational principle of common law is that judicial officers must provide clear and reasoned decisions.…

…This principle was eloquently articulated by Thomas J in Bell-Booth v Bell-Booth [1998] 2 NZLR 2, where he stated: “Reasons for judgment are a fundamental attribute of the common law.…

…The common law rule on this matter is expressed in the Latin maxim “actio personalis moritor cum persona” that is, a personal action dies with the person.…

…At common law, death by itself automatically divests the deceased of his chose in action. The reason for this is because in law, the dead have no rights.…

…relationship that exists in that case becomes that of trustee and beneficiaries (members) of a trust and that relationship is governed by the Retirement Benefits Act, Trustee Act Cap 167 of the laws of Kenya and the general common…

…law on the law of trusts.…

…St Anne’s Junior School, Lubao [2021] KEHC 1809 (KLR) and that of Olel J., in Kenindia Assurance Co Limited v Kariuki [2023] KEHC 25274 (KLR) to contend that Kenyan jurisprudence on this issue has departed from English Common…

…Law.…