Search court decisions

…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…

…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.…

…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.…

…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.…

…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”.…

…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…

…Nairobi Election Petition No. 8 of 2013 (2013) eKLR on the general rule of common law on suit by an unincorporated person that – “As a general rule, unincorporated legal persons including societies, clubs and business-names…

…Randu Nzai Ruwa & 2 others v Secretary, the Independent Electoral and Boundaries Commission & 9 others [2016] eKLR has upheld the expanded locus standi as follows: “I come to the conclusions on this ground that the strict common…

…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…

…There had been a dispute for some considerable time between the Common Law of England and Merchantile Law as to the meaning of a month; the Common Law initially preferring a lunar month of 28 days, and Merchantile Law preferring…

…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) .…

…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.”…

…through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and Privileges) Act Chapter 6 of the Laws of Kenya as well as on the common…

…law on Parliamentary immunity and the Constitutional principle of Separation of Powers of the Legislature, the Executive and the Judiciary.…

…through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and Privileges) Act Chapter 6 of the Laws of Kenya as well as on the common…

…law on Parliamentary immunity and the Constitutional principle of Separation of Powers of the Legislature, the Executive and the Judiciary.…

…The first is that at common law, by which this Court is guided on contract, (see the Law of Contract Act (cap 23) specific performance of a contract of service has never been ordered.…

…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…

…stereotyped allegations of negligence which can be found in any standard text book on pleadings and in the pleadings in m9ost of the accident actions brought in any of the countries of which Kenya is one, which apply the common…

…law.…

…In some countries the power to prevent an abuse of the process of the Court or to stop a prosecution because it is oppressive and vexatious is to be found in the common law and it also exists in the inherent powers of the…

…In some countries the power to prevent an abuse of the process of the Court or to stop a prosecution because it is oppressive and vexatious is to be found in the common law and it also exists in the inherent powers of the…

…It must not only affect persons occupying the premises NATIONAL COAL BOARD V NEATH BOROUGH COUNCIL [1976] 2 All ER 478 The word “nuisance” in s 92(1)(a) of the English Act meant either a public or a private nuisance at common…

…law, i.e. an act or omission materially affecting the comfort and quality of life of a class of the public or an interference for a substantial period with the use and enjoyment of neighbouring property.…