Case law
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Division and case type: CivilCivil Case
…The second issue I have to decide is whether the defendant was under any contractual obligation or under some other common law duty of care to ensure that the plaintiff was not, under any circumstances, even without negligence…
…As I understand it, the position is that: “at common law it is the duty of the hotel proprietor in his capacity as in-keeper to take reasonable care of the person of his guests, so that they should not be injured by anything…
Division and case type: CivilCivil Case
…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…
…Halsbury’s Laws of England, 4th Edition Vol 9 paragraph 530 on p 365 strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained…
Division and case type: CivilCivil Case
…In this Court’s view, it cannot be disputed that the law applicable to the current mater is primarily the common law applicable to the current matter is primarily the common law applicable in this Country as modified by the…
…It is also a cardinal principle of the applicable common law that a third party cannot benefit from a contract unless such a contract is for his benefit or was made on his behalf by his agent.…
Division and case type: CivilCivil Case
…law, it is contrary to common law to charge interest for money which has not been advanced.…
…A contract may, under the common law, be rendered unenforceable either wholly or in part for being contrary to public policy.…
Division and case type: Milimani Commercial CourtsCivil Case
…Now, injunction is an equitable relief, a court of equity administers justice according to fairness as contrasted with the strict formulated rules of common law.…
Division and case type: CivilCivil Case
…It follows that if the appellant relies on the common law itself it will not assist her. She is not yet able to sue as personal representative until the grant of letters of administration to her”.…
Division and case type: CIVIL DIVISIONCivil Case
…On the first principle on which the court acts, it is observed that according to common law and/or customary law of the inhabitants of this country, those entitled to the use of the land are also entitled to the fruits thereof…
Division and case type: CivilCivil Case
…He referred me to section 13 of the Hotels and Restaurants Act (Cap 494) the operative part of which reads: “13(1) The holder of a hotel licence shall, in addition to the ordinary lien of an innkeeper at common law, have…
Division and case type: Milimani Commercial CourtsCivil Case
…The common Law position relating to joint tenancies has been applied by our courts over a long time. Rawal J applied it in Jerusha Nyakerario Obare – vs – Samuel Omoni Obare: HCCC No.267 of 2006 (UR) .…
Division and case type: CivilMiscellaneous Application
…Historic Common Law doctrines restricting the liability of the crown or its amenability to suit cannot stand in the way of effective protection of fundamental rights.”…
Division and case type: CivilCivil Case
…On this point I have derived substantial benefit from two books titled “The Law of Master and Servant” by Francis Raleigh Batt 4th Edition by George J Webber and “The Employers Liability” at Common Law” by John Munkman: The…
Division and case type: Environment and LandMiscellaneous Application
…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…
Division and case type: CivilCivil Case
…In other cases it may be difficult to determine whether the conduct complained is a misstatement within Hedley Byrne principle or a conduct falling within the scope of the wider principle of common law duty of care under…
…In the absence of any such provision valuers are not, in my opinion, entitled to rely on a general exclusion of the common law duty of care owed to purchasers of houses by valuers to exercise skill and care in valuing houses…
Division and case type: CivilCivil Case
…That is not so for the first defendant has a common law duty to ensure that the pipe was safely maintained and remove it, at reasonable intervals to check its fitness.…