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…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.…

…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…

…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…

…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…

…In some countries the power to prevent an abuse of the process of the Court or to stop a prosecution because it is oppressive and vexatious is to be found in the common law and it also exists in the inherent powers of the…

…In some countries the power to prevent an abuse of the process of the Court or to stop a prosecution because it is oppressive and vexatious is to be found in the common law and it also exists in the inherent powers of the…

…It must not only affect persons occupying the premises NATIONAL COAL BOARD V NEATH BOROUGH COUNCIL [1976] 2 All ER 478 The word “nuisance” in s 92(1)(a) of the English Act meant either a public or a private nuisance at common…

…law, i.e. an act or omission materially affecting the comfort and quality of life of a class of the public or an interference for a substantial period with the use and enjoyment of neighbouring property.…

…and documents, that the balance of convenience lay with the trial proceedings in Kenya, which, of course, and I accept this, is not by itself enough to displace the rule that parties will, under the laws applied in any common…

…law system, be held to the bargain which they have freely undertaken.…

…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…

…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.…