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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…

…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…

…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…

…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.…

…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.…

…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”.…

…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.…

…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…

…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.…

…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.”…

…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.…