“"common law"” — court decisions

Judgment[1988] KECA 5810 May 1988

Okong'o v Attorney-General & another

Court of Appeal at Kisumujudge High Court,Act,JUDGE APPEAL,WasunaCase number Civil Appeal 170 of 1986

Division and case type: CivilCivil Appeal

…The first is that at common law, by which this Court is guided on contract, (see the Law of Contract Act (cap 23) specific performance of a contract of service has never been ordered.…

Appeal refusedDismissed8 min read

Judgment[1984] KEHC 548 December 1984

JOSEPH KARISA MUTSONGA v JOHNSON NYATI

High Court at MombasaSheridan,Judge Mombasa,Joseph,Macharia Muhuni Mr,Macharia Muhuni,Kupalia,Jayantilal Shah,CuthbertCase number Civil Suit 295 of 1976

Division and case type: CivilCivil Suit

…Registered land, however, by section 163 of the Act is subject to the “common law of England, as modified by equity” which brings in the equitable doctrines of implied, constructive and resulting trusts.…