“"common law"” — court decisions

Judgment[1994] KEHC 11313 September 1994

Richard Boywa Gor v East African Sugar Industries Ltd

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…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.…

76 min read

Judgment[1994] KECA 9126 April 1994

Republic v David Makali & 2 others

Court of Appeal at NairobiEngland,JUDGE APPEALCase number Criminal Application 4 of 1994

Division and case type: CriminalCase number Criminal Application

…As to the law and procedure followed in England, it is to be noted that criminal contempt in England is a common law misdemeanour which may be dealt with either on indictment in accordance with ordinary criminal procedure…

3 min read

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

…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.…

appeal is dismissedDismissed17 min read