“"common law"” — court decisions

Judgment[1988] KECA 13727 March 1988

Kwemuli v Ngachi

Court of Appeal at KisumuJUDGE APPEALCivil Appeal 125 of 1985

Division and case type: CivilCivil Appeal

…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…

Appeal dismissedDismissed14 min read

Judgment[1988] KECA 5810 May 1988

Okong'o v Attorney-General & another

Court of Appeal at Kisumujudge High Court,Act,JUDGE APPEAL,WasunaCase number Civil Appeal 170 of 1986

Division and case type: CivilCivil Appeal

…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.…

Appeal refusedDismissed8 min read

Judgment[2022] KEELC 1559229 December 2022

Muturi v Kimuyu

Environment and Land Court at MurangaNdungu,NjorogeCase number Miscellaneous Application 28 of 2022

Division and case type: Environment and LandMiscellaneous Application

…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.…

application is meritedAllowed13 min read

Judgment[2019] KEHC 10622 December 2019

Athumani Shushe Bahola v Republic

High Court at MalindiRehnquist,Marshall,Taft,SomboCase number Constitutional Petition 20 of 2018

Division and case type: Constitutional and Human RightsConstitutional Petition

…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.…

Appeal dismissedDismissed21 min read

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

…The obligations or duties arise from the common law, they said, and the workman may elect to sue his employer on contract or in tort.…

22 min read

Judgment[1986] KECA 211 September 1986

Jabane v Olenja

Court of Appeal at KisumuSchofield awarded Highstone Butty,Schofield,JUDGE APPEALCivil Appeal 2 of 1986

Division and case type: CivilCivil Appeal

…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.…

appeal is allowedAllowed

Judgment[1990] KECA 5725 February 1990

Kenya Meat Commission v Richard Ambogo Raden

Court of Appeal at Commissionjudge assessed damages Kshs,JUDGE APPEALCase number Civil Appeal 40 of 1989

Division and case type: CivilCivil Appeal

…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.…

28 min read

Judgment[1984] KECA 8221 August 1984

VIJAY KUMAR MEGHJI SHAH v REPUBLIC

Court of Appeal at MalindiBhandari,judge sentenced Anupchand Vijay,JUDGE APPEALCase number Criminal Appeal 86 of 1983

Division and case type: CriminalCriminal Appeal

…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.…

33 min read