Judgment[1993] KECA 89
Case law
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Division and case type: CivilCivil Appeal
…The common law rule on this matter is expressed in the Latin maxim “actio personalis moritor cum persona” that is, a personal action dies with the person.…
…At common law, death by itself automatically divests the deceased of his chose in action. The reason for this is because in law, the dead have no rights.…
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.…