Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…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…
Division and case type: CivilCivil Appeal
…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.…