Case law
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Division and case type: Environment and Land CourtELC Land Judicial Review
…law prerogative powers.” 13. …
…Before the promulgation of the Constitution 2010, judicial review was governed by the principles of common law largely borrowed from the United Kingdom.…
Division and case type: Environment and Land CourtELC Land Judicial Review
…law prerogative powers.” 13. …
…Before the promulgation of the Constitution 2010, judicial review was governed by the principles of common law largely borrowed from the United Kingdom.…
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.…
Division and case type: ELC AppealsELC Land Appeal
…Beyond Rule 9, the common law principles of fiduciary duty, confidentiality, and avoidance of conflict of interest apply.…
…These principles align squarely with English common law on joint retainers, as authoritatively stated in TSB Bank Plc v Robert Irving & Burns [2000] 2 All ER 826, where it was held that where a solicitor accepts instructions…
Division and case type: Environment and Land CourtAppeal
…It was his submission that the trial court exercised equity on the basis of fairness since the common law and legal principles would have unfairly enriched the Appellant who took the Respondent’s money and was using the same…
…Such remedies in English law are generically different from remedies in contract or in tort, and are now recognised to fall within a third category of the common law which has been called quasi-contract or restitution.”…
Division and case type: Environment and Land CourtELC Land Judicial Review
…Judicial review is now a constitutional, statutory, and common law remedy.…
…Section 12 of the Act provides that: “This Act is in addition to and not in derogation from the general principles of common law and the rules of natural justice.”…
Division and case type: Environment and Land CourtAppeal
…Additionally, the fundamental principles of common law remain applicable under Section 3 of the Judicature Act, along with the court''s inherent jurisdiction. See the case of Samuel M. N.…
Division and case type: Environment and Land CourtCivil Suit
…That by dint of the common law doctrine of lis pendens, the Plaintiffs were actually barred from purchasing the suit property during the active litigation of the aforesaid cases, and as such, their purchase of the same during…
…That the net effect of the common law doctrine of lis pendens is that the decision of the court with respect to any property that is the subject of litigation is binding upon any third parties, such as the Plaintiffs herein…
Division and case type: Environment and Land CourtELC Land Petition
…Under the old Common Law rule the procedure for arrest of judgment is not peculiar to the criminal cases alone, it was available in civil cases under the Old Common Law Rules, but the procedure is alien to the rules of Court…
Division and case type: Environment and Land CourtELC Land Civil Suit
…To the contrary, the cause action herein relates to a normal civil claim for Kshs. 117,114,503 based on the common law tort of negligence.…
…circumstances, this suit ought to have been filed in the High Court which has the original civil jurisdiction under Article 165 of the Constitution so that the same can be decided as a normal law civil dispute applying the common…
Division and case type: Environment and Land CourtELC Land Appeal
…This is a court of equity, which has the power to grant equitable remedies provided for under common law.…
…Such remedies in English law are generically different from remedies in contract or in tort, and are now recognized to fall within a third category of the common law which has been called quasi-contract or restitution.” 28…
Division and case type: Environment and Land CourtELC Environment & Planning Civil Suit
…In addition, the substance of the common law is still applicable under section 3 of the Judicature Act.…
…That court draws its jurisdiction to punish for contempt of court from both the statute, namely the Contempt of Court Act, 1981 and the Common Law.…
Division and case type: CivilCivil Appeal
…In so far as Lane v Halloway seeks to lay down a general principle of the common law, this decision is less than a reliable guide.…
…With respect, Gray v Barr more accords with principle and seems a truer reflection of the common law.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…There is nothing in the concept of an overriding interest which is new to the law; it is merely an acknowledgement of existing common law.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…Under the common law of England, the three ingredients of adverse possession were as follows. “Without permission, without force and as of right.” The Plaintiff’s possession must meet all the three ingredients.…
Division and case type: Environment and Land CourtCivil Suit
…It therefore defies the common law concept of land expressed in the Latin maxim, cujus est solum ejus est usque ad coelum [meaning, ‘whose is the soil, his is also that which is above it’].” b.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…Comparatively, similar principles obtain in other common law jurisdictions.…
Division and case type: Environment and Land CourtCivil Suit
…At common law only by Deed and Will…….…
Division and case type: Environment and Land CourtELC Land Appeal
…law of England in a similar case.” 34.…
…of Peter Nthenge v Daniel Itumo and Another, NBI HCCC No 1242 of 1974 , quoted in John Nthumbi Kamwithi v Asha Akumu Juma [2015] eKLR , the court held; “ The right of a Landlord to distrain for arrears of rent arises at common…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…The doctrine was firmly established by the Judicature Act of 1873, which fused common law and equity jurisdictions in England.…
…It is a doctrine that has been recognized in the common law tradition from as long ago as the latter part of the 19th Century.…