Judgment[1987] KECA 84
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…Well settled principles of the common law preclude this court from assisting him.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…