Judgment[1987] KECA 71
Case law
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Division and case type: CivilCivil Appeal
…In reply Mr Khaminwa submitted that Luo customary law does not apply to the action, that the appellants had an opportunity to adduce evidence on the issues of fact and that in any case the plaintiff’s claim is founded on statutory…
…provisions and on common law which are matters of law requiring no proof by oral evidence.…
Division and case type: CivilCivil Appeal
…judge of the High Court in her ruling concluded that the suit against the respondent: “...discloses no reasonable cause of action, and is clearly frivolous and vexatious and an abuse of the court process because of the statutory…
…provisions which give absolute immunity to judges and magistrates, from civil liability for actions taken or words uttered in the performance of their judicial function” Having come to this conclusion, the learned judge…
Division and case type: CivilCivil Appeal
…It may be useful at this stage to set out the statutory provisions relating to the dispute.…
Division and case type: CivilCivil Appeal
…So English courts incorporate common law principles into statutory provisions unless they are expressly excluded by the statute.…
Division and case type: CivilCivil Appeal
…That, in my judgment, cannot per se be correct having regard to the statutory provisions and the case law above cited.…
Division and case type: CivilCivil Appeal
…I will start with the observation that from the authorities that were cited all the relevant ones have concluded that the words such as ‘signed by the party” or “signed by him” in a statutory provisions must be given their…