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…A foreign judgment obtained in circumstances that are contrary to natural justice does not give rise to any obligation of obedience enforceable at common law. h.…

…granted does not reflect the real intention of the judicial officer pronouncing it, in other words, the ambiguous language or the patent error or the omission must be attributable to the court itself. [22] In many cases the common…

…law principle that there are exceptions to the functus officio rule, which allows a court to vary its own judgment, have been restated.…

…The common law doctrine of res judicata has been enacted as part of Kenya’s statute law under Section 7 of the Civil Procedure Act which provides that; “No court shall try any suit or issue in which the matter directly and…

…Cascading from the foregoing, I am persuaded to hold, that the application offends the common law doctrine of res judicata, and can not therefore, be entertained as pleaded. II.   …

…Republic v Attorney General & 15 others, Ex-Parte Kenya Seed Company Limited & 5 others [2010] eKLR, discussed the application of section 99 of the Civil Procedure Act (the slip rule) stating that: “It is a codification of the common…

…law doctrine dubbed ‘the Slip Rule’, the history and application of which has a wealth of authorities both locally and from common law jurisdictions.…

…Legal characterization of breach constitutes material breach and repudiatory breach entailing termination under common law principles.…

…This secondary obligation on the part of the contract breaker to which it gives rise by implication of the common law is to pay monetary compensation to the other party for the loss sustained by him in consequence of the…

…That by dint of the common law doctrine of lis pendens, the Plaintiffs were actually barred from purchasing the suit property during the active litigation of the aforesaid cases, and as such, their purchase of the same during…

…That the net effect of the common law doctrine of lis pendens is that the decision of the court with respect to any property that is the subject of litigation is binding upon any third parties, such as the Plaintiffs herein…

…It therefore defies the common law concept of land expressed in the Latin maxim, cujus est solum ejus est usque ad coelum [meaning, ‘whose is the soil, his is also that which is above it’].” b.…

…At common law only by Deed and Will…….…

…He argued that where there are no reciprocal provisions of law, a foreign judgment is enforced as a claim in Common Law as was held in Jayesh Hasmukh Shah v Navin Haria & another [2016] eKLR.…

…The Respondent has relied on Jayesh case to argue that where there are no reciprocal provisions of law, a foreign judgment is enforced as a claim in common law.…

…The conclusion must be...that under the common law of England, a local authority does not have the right to maintain an action for damages for defamation.” [emphasis added] 99.…

…To treat governmental institutions as having a ‘governing reputation’ which the common law will protect against criticism on the part of citizens is, to my mind, incongruous.…

…In Clerk & Lindsell on Torts, 17th Edition, page 868, paragraph 17-56, it is elaborated that : “At common law a revocable licence was revoked where the licensor conveyed the land to another, so that the licensee became a…

…This was so at common law even if the licensor’s purchaser bought with express notice.”…

…In the absence of a reciprocal enforcement arrangement, a foreign judgment is enforceable in Kenya as a claim in common law.…

…The common law principles on enforcement of foreign judgments were elaborated in Adams & others vs Cape Industries PLC, (1990) CH. 433.…

…Comparative jurisprudence from common law jurisdictions is consistent that limitation defences premised on fraud rarely succeed as preliminary objections where discovery and concealment are contested factual questions.…

…To be consolidated, the suits must have arisen from the same transaction; they should involve common questions of law or fact; and have a common cause of action.…

…It is a tort law claim seeking tort law reliefs such as damages, and invoking the Court’s common law jurisdiction. 23.…

…THAT the 1st and 2nd Defendants be restrained from breaching their statutory, common law and equitable duties owed to the said Satima Peak Farmers Limited pending the hearing and determination of this suit. 7. THAT Mr.…

…The Plaintiffs accuse the Directors of the company of having refused/failed to undertake their common law, statutory and equitable duties as follows:- (a) Failing to call for an Annual General Meeting.…

…2017) [2017] KESC 32 (KLR) (1 September 2017) (Determination), the Supreme Court [ Maraga, CJ & P, Mwilu, DCJ & V-P, Ojwang, Wanjala, Njoki and Lenaola, SCJJ ] addressed the question of the burden of proof as follows: The common…

…The law places the common law principle of onus probandi on the person who asserts a fact to prove it.…

…Indeed, the concept of matrimonial property is alien to the law of succession, for neither the Law of Succession Act, nor the Common Law on succession and the African customary law of succession provide for it.…

…The legal regime, in Kenya, on declaration of matrimonial property rights, is, therefore, statutory, and not the Common Law.…

…This is because the general rule in Islamic law of succession is that estates do not stay in abeyance, it automatically vests in the heirs [unlike in common law, not the personal representative of the deceased]. M. M.…

…law where they vest in personal representatives of the deceased" (See re-estate of Mohamed Kismali 2017 eKLR supra). 21.…

…It is a doctrine that has been recognized in the common law tradition from as long ago as the latter part of the 19th Century.” 12.…