Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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…
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: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…The purpose of a trial within a trial has been stated again and again in England and in the various countries which apply the common law.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…The categorical conclusion is that the wife never had any duty at common law to bury her husband. That was always the duty of his personal representatives.…