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…There had been a dispute for some considerable time between the Common Law of England and Merchantile Law as to the meaning of a month; the Common Law initially preferring a lunar month of 28 days, and Merchantile Law preferring…

…The common Law position relating to joint tenancies has been applied by our courts over a long time. Rawal J applied it in Jerusha Nyakerario Obare – vs – Samuel Omoni Obare: HCCC No.267 of 2006 (UR) .…

…There had been a dispute for some considerable time between the Common Law of England and Merchantile Law as to the meaning of a month; the Common Law initially preferring a lunar month of 28 days, and Merchantile Law preferring…

…Well settled principles of the common law preclude this court from assisting him.…

…Historic Common Law doctrines restricting the liability of the crown or its amenability to suit cannot stand in the way of effective protection of fundamental rights.”…

…through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and Privileges) Act Chapter 6 of the Laws of Kenya as well as on the common…

…law on Parliamentary immunity and the Constitutional principle of Separation of Powers of the Legislature, the Executive and the Judiciary.…

…through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and Privileges) Act Chapter 6 of the Laws of Kenya as well as on the common…

…law on Parliamentary immunity and the Constitutional principle of Separation of Powers of the Legislature, the Executive and the Judiciary.…

…But the learned Judge, the late Chanan Singh, J observed that the attack on vagueness was not out of place if common law fraud was being relied upon.…

…However, common law fraud was not being relied upon, but rather fraud as defined in Section 2 of the Registration of Titles Act which we have set out above.…

…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.…

…In his affidavit in support of the chamber summons he deponed that he believed that he could not institute a common law claim against the respondents before the decision of the inquest which was held to establish the persons…

…that the delay in instituting action against the respondents was due to his mistaken belief, in relation to the proceedings and the outcome of the inquest and also due to his ignorance of the material facts relating to the common…

…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.…

…It is a cardinal principle of law that holders of judicial offices are subject to the common law rule of natural justice whereby any pecuniary interest or a real likelihood or actual bias disqualifies a judge from sitting…

…On this point I have derived substantial benefit from two books titled “The Law of Master and Servant” by Francis Raleigh Batt 4th Edition by George J Webber and “The Employers Liability” at Common Law” by John Munkman: The…

…As this Court said in Zablon Mariga v Morris Musila [1984] 1 KAR 507 at p 512 Kenya is developing its own common law, independently of other jurisdictions, and its rules will be made, and developed according to the circumstances…

…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…

…The concept of negligence has been established for long under common law. There are thousands of precedents that have dened the requirements for the tort of negligence.…

…In other cases it may be difficult to determine whether the conduct complained is a misstatement within Hedley Byrne principle or a conduct falling within the scope of the wider principle of common law duty of care under…

…In the absence of any such provision valuers are not, in my opinion, entitled to rely on a general exclusion of the common law duty of care owed to purchasers of houses by valuers to exercise skill and care in valuing houses…

…Under the Common Law of England there was one sentence only which could be judicially pronounced upon a defendant convicted of murder and that was sentence death.…

…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…