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…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…

…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.…

…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…

…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…

…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…

…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…

…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…

…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…

…The obligations or duties arise from the common law, they said, and the workman may elect to sue his employer on contract or in tort.…

…The common law liability for trespass was strict: “No man shall be excused for a trespass Except it may be judged utterly without his Fault” (WEAVER V.…

…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.…

…Registered land, however, by section 163 of the Act is subject to the “common law of England, as modified by equity” which brings in the equitable doctrines of implied, constructive and resulting trusts.…

…Now fraud at common law has always had a special connotation. The allegation being a serious one, it has been rightly held that such an allegation must be strictly pleaded and proved.…

…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…

…and documents, that the balance of convenience lay with the trial proceedings in Kenya, which, of course, and I accept this, is not by itself enough to displace the rule that parties will, under the laws applied in any common…

…law system, be held to the bargain which they have freely undertaken.…

…The alternative remedies available to the petitioner which Sachdeva J canvassed, were a common law action for damages, rectification of the register, an action for appropriate declarations, and finally, a petition under section…