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…The common law liability for trespass was strict: “No man shall be excused for a trespass Except it may be judged utterly without his Fault” (WEAVER V.…

…stereotyped allegations of negligence which can be found in any standard text book on pleadings and in the pleadings in m9ost of the accident actions brought in any of the countries of which Kenya is one, which apply the common…

…law.…

…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.…

…Now fraud at common law has always had a special connotation. The allegation being a serious one, it has been rightly held that such an allegation must be strictly pleaded and proved.…

…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.…

…The purpose of a trial within a trial has been stated again and again in England and in the various countries which apply the common law.…

…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…

…That is not so for the first defendant has a common law duty to ensure that the pipe was safely maintained and remove it, at reasonable intervals to check its fitness.…

…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.…