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…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…

…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…

…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.…

…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.…

…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.…

…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.…

…In so far as Lane v Halloway seeks to lay down a general principle of the common law, this decision is less than a reliable guide.…

…With respect, Gray v Barr more accords with principle and seems a truer reflection of the common law.…

…This is so under the common law and under the provisions of section 6 of the Judicature Act cap 8.…

…The common law of England, which is applicable in this country by virtue of section 3(1) (c) of the Judicature Act cap 8 is set out in Anderson v Gorrie [1895] 1QB 668.…

…While it is well established under English common law that such a right of incorporation may be freely exercised (see Chesire: Private International Law, 5th Ed 1957 Ch 8 pp 205 – 221) the position in Kenya is different.…

…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…

…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…

…Well settled principles of the common law preclude this court from assisting him.…

…But the learned Judge, the late Chanan Singh, J observed that the attack on vagueness was not out of place if common law fraud was being relied upon.…

…However, common law fraud was not being relied upon, but rather fraud as defined in Section 2 of the Registration of Titles Act which we have set out above.…

…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 his affidavit in support of the chamber summons he deponed that he believed that he could not institute a common law claim against the respondents before the decision of the inquest which was held to establish the persons…

…that the delay in instituting action against the respondents was due to his mistaken belief, in relation to the proceedings and the outcome of the inquest and also due to his ignorance of the material facts relating to the common…

…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.…

…It is a cardinal principle of law that holders of judicial offices are subject to the common law rule of natural justice whereby any pecuniary interest or a real likelihood or actual bias disqualifies a judge from sitting…

…As this Court said in Zablon Mariga v Morris Musila [1984] 1 KAR 507 at p 512 Kenya is developing its own common law, independently of other jurisdictions, and its rules will be made, and developed according to the circumstances…

…As Lord Diplock emphasised in the American Cyanamid case, if damages in the measure recoverable at common law would be an adequate remedy and the defendant would be in a financial position to pay them, no interlocutory injunction…