Judgment
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
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…
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.…
Division and case type: CivilCivil Case
…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…
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 dened the requirements for the tort of negligence.…
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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…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.…