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…Particulars of negligence and breach of common law duty of care have been given by the defendant in paragraphs 5 & 6 of the plaint.…

…A master owes a duty to his servant at common law and also under various statutes, such as the Factories Act.…

…At the conclusion of a review of the evidence, the judge held that at common law an employee takes upon himself risks necessarily incidental to his employment; that an employer does not warrant the safety of the employee’…

…It was held that in failing to take such precautions as would guard him from being injured, the employers were guilty at common law.…

…The common law is stated in terms in Halsbury’s Laws of England Vol 16, 4th Ed para 647. “647 Grounds for dismissal discovered subsequently.…

…It follows that at Common Law the learned judge was bound to regard the defence as the vital issue and not what was said at the time of dismissal.…

…On this point I have derived substantial benefit from two books titled “The Law of Master and Servant” by Francis Raleigh Batt 4th Edition by George J Webber and “The Employers Liability” at Common Law” by John Munkman: The…

…As this Court said in Zablon Mariga v Morris Musila [1984] 1 KAR 507 at p 512 Kenya is developing its own common law, independently of other jurisdictions, and its rules will be made, and developed according to the circumstances…

…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.…

…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.…

…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.…

…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.…

…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.…