Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…The second issue I have to decide is whether the defendant was under any contractual obligation or under some other common law duty of care to ensure that the plaintiff was not, under any circumstances, even without negligence…
…As I understand it, the position is that: “at common law it is the duty of the hotel proprietor in his capacity as in-keeper to take reasonable care of the person of his guests, so that they should not be injured by anything…
Division and case type: CivilCivil Case
…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…
…Halsbury’s Laws of England, 4th Edition Vol 9 paragraph 530 on p 365 strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…Apparently, this submission is based on the common law of England.…
…The facts of this case are governed clearly by the provisions of the Advocates Act and not the Common Law in England.…
Division and case type: High Court DivMurder Case
…Law. 9.…
…The Common Law Principles on self-defence were articulated by the Court of Appeal in R v McINNES, 55 Cr. App. R. 551.…
Division and case type: CivilCivil Case
…In this Court’s view, it cannot be disputed that the law applicable to the current mater is primarily the common law applicable to the current matter is primarily the common law applicable in this Country as modified by the…
…It is also a cardinal principle of the applicable common law that a third party cannot benefit from a contract unless such a contract is for his benefit or was made on his behalf by his agent.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…law of England.…
…The Claimant submits that an Angolan judgment can only be enforced as a common law claim as was held by the Court of Appeal in the case of Jayesh Hasmukh Shah VS Navin Haria & Another [2016] KLR, where the Court of Appeal…
Division and case type: High Court DivJudicial Review Miscellaneous
…In this respect, at least, constitutional law and common law are intertwined and there can be no difference between them.…
…The same is true of constitutional law and common law in respect of the validity of administrative decisions within the purview of section 24 of the interim Constitution.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…This is a claim for unlawful arrest, false imprisonment, and malicious prosecution, all of which are torts under common law. ii.…
…The Petitioner ought to have filed a civil suit, in common law, by way of plaint, for compensation for the torts of false imprisonment, unlawful arrest and malicious prosecution. iii.…
Division and case type: High Court DivCivil Appeal
…law and/or doctrines of equity.…
…That, it is established in law that the substance of common law and doctrines of equity do not apply where there are express statutory provisions.…
Division and case type: High Court DivCivil Appeal
…law and/or doctrines of equity.…
…That, it is established in law that the substance of common law and doctrines of equity do not apply where there are express statutory provisions.…
Division and case type: Environment and Land CourtJudicial Review
…Commission v Attorney General & Another [2018] eKLR for lack of public participation under Articles 10 and 118(b) of the Constitution and for encroaching on judicial independence, the law on contempt of court in Kenya reverts to common…
…law principles.…
Division and case type: High Court FamilyFamily Appeal
…The appellant has submitted that the presumption of marriage by cohabitation is a common law principle recognised and applicable in Kenya. This is not in doubt.…
…My understanding of the Respondent’s pleadings is that she alludes to marriage by cohabitation which is a common law marriage.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…It is now trite law that the principles for award of damages in constitutional claims does not operate on the same principles as award of damages in tortious liability claims or the common law principles.…
…The comparable common law measure of damages will often be a useful guide in assessing the amount of this compensation.…
Division and case type: CivilCivil Case
…law, it is contrary to common law to charge interest for money which has not been advanced.…
…A contract may, under the common law, be rendered unenforceable either wholly or in part for being contrary to public policy.…
Division and case type: High Court DivCivil Appeal
…Section 16 of WIBA explicitly bars common law civil claims for employment-related injuries.…
…The statutory bar to common law civil claims is substantive and jurisdictional. In the oft-cited case of Owners of the Motor Vessel Lillian S vs.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Counsel contended that a Mareva injunction is a common law remedy, and that the grant of the same is discretionary, and therefore, the same may still be awarded in the present circumstances.…
…Respectfully, this court is not aware of the precise issues that were before the American courts; and in any event, I do not think that a common law remedy ought to override the contractual agreement between the parties.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…law governing administrative review, it is not correct to see section 33 as a mere codification of common law principles.…
…Principles previously established by the common law will be important though not necessarily decisive, in determining not only the scope of section 33, but also its content.…
Division and case type: High Court CivilCivil Suit
…law.…
…A foreign judgment obtained in circumstances that are contrary to natural justice does not give rise to any obligation of obedience enforceable at common law. h.…
Division and case type: Environment and Land CourtELC Land Judicial Review
…the common law right to fair hearing.…
…The term “procedurally fair” used in article 47(1) by a proper construction, imports and subsumes to a certain degree, the common law including rules of natural justice which means that common law is complementary to the…
Division and case type: Environment and Land CourtELC Land Judicial Review
…the common law right to fair hearing.…
…The term “procedurally fair” used in article 47(1) by a proper construction, imports and subsumes to a certain degree, the common law including rules of natural justice which means that common law is complementary to the…