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…(as he then was) stated as follows: “It is well established that fraud must be specifically pleaded and that particulars of the fraud alleged must be stated on the face of the pleading.…

…of fraud upon the pleadings, and though it is not necessary that the word fraud should be used, the facts must be so stated as to show distinctly that fraud is charged (Wallingford v Mutual Society (1880) 5 App.…

…That in itself does not infer fraud on the part of the Defendant. 47. The Plaintiff's claim of fraud can only be resolved at a full hearing. It is not something I can simply wish away. 48.…

…A suit filed by a Plaintiff pleading fraud cannot succeed unless the Plaintiff specifically pleads the facts on which the Plaintiff relies on the alleged fraud or illegalities as stated in the plaint.…

…The Plaintiffs contended that the 1st Defendant did not file her counter-claim based on the alleged fraud until 4th May 2023 over 3 years after she discovered the fraud without leave of the court.…

…The Plaintiffs submitted that the limitation period for tort was 3 years and if the action was based on fraud, the limitation period did not begin to run until the fraud was discovered.…

…On fraud, they submit that, as the police conducted investigations of the fraud, on the part of the appellants, that was adequate proof that fraud was alleged, and they cite Ongera & 14 Others vs.…

…The case was not founded on fraud as such, and I doubt that the trial court could venture to make findings of fact on fraud in the circumstances.…

…However, Section 26 of the same Act provides a statutory exception where the action is based on fraud or mistake, postponing the commencement of limitation until discovery of the fraud. 18.   …

…Claims seeking cancellation of title on grounds of fraud properly fall within the jurisdiction of this Court. 24.   …

…The burden of proving fraud lies on the plaintiff.…

…Fraud has been defined in Blacks Laws Dictionary as; “Fraud consists of some deceitful practice or wilful device, resorted to with intent to deprive another of his right, or in some manner to cause him an injury.’’…

…Fraud therefore can not be inferred from the facts. It must be proved. The principal reasoning behind this is that fraud is a state of mind.…

…A mere act of transfer of land per se is no evidence of fraud.…

…Counsel submits that trespass cannot be a particular of fraud.…

…The 2nd issue was whether the 2nd Defendant committed any fraud.…

…Concerning the Plaintiff’s allegations of illegality and fraud, suffice it to restate that fraud is a serious allegation.…

…In cases where fraud is alleged, it is not enough to simply infer fraud from the facts. See Kinyanjui Kamau v George Kamau Njoroge [2015] eKLR.…

…It is an established principle of law that a claim based on fraud must be specifically pleaded and strictly proved.…

…The Court of Appeal in Vijay Morjaria vs Nansingh, Madhusingh Darbar & another [2000]eKLR held that: “It is well established that fraud must be specifically pleaded and the particulars of fraud alleged must be stated on the…

…It is trite law that when a party alleges fraud on the part of the other party, the said fraud must be pleaded, particularized and proved.…

…(as he then was) stated as follows: “It is well established that fraud must be specifically pleaded and that particulars of the fraud alleged must be stated on the face of the pleading.…

…In Bullen & Leake & Jacobs, Precedent of Pleadings 13th Edition at page 427 it states as follows on fraud: “Where fraud is intended to be charged, there must be a clear and distinct allegation of fraud upon the pleadings,…

…In case where fraud is alleged it is not enough to simply infer fraud from the facts.”…

…They rely on Order 2 rule 4 of the Civil Procedure Rules, which require a party who alleges fraud, to specifically plead the said fraud in its pleadings.…

…They submit that no evidence was adduced on the alleged collusion or fraud. 7. The appeal turns around only 2 issues; whether there was a contract, and whether there was collusion between or fraud by the respondents. 8.…

…Thus, the burden of proving the alleged fraud rested squarely upon the Appellant. 53. The law on proof of fraud is well settled.…

…The Court further stated that: “In cases where fraud is alleged, it is not enough to simply infer fraud from the facts.” 54.…

…Fraud was specifically pleaded in paragraph 8 of the Joint Statement of Claim and the particulars thereof itemised.…

…The Court of Appeal in Vijay Morjaria vs Nansingh, Madhusingh Darbar & another [2000]eKLR held that:“ It is well established that fraud must be specifically pleaded and the particulars of fraud alleged must be stated on the…

…shown to have participated in the fraud. …

…He has no knowledge of the fraud; d.   The vendors had apparent valid title; e.   He purchased without notice of any fraud; f.   He was not party to any fraud.…

…shown to have participated in the fraud. …

…He has no knowledge of the fraud; d.   The vendors had apparent valid title; e.   He purchased without notice of any fraud; f.   He was not party to any fraud.…

…cases where fraud is alleged, it is not enough to simply infer fraud from the facts.…

…(as he then was) stated: It is well established that fraud must be specifically pleaded and that particulars of the fraud alleged must be stated on the face of the pleading.…

…In such a case, the bar is absolute unless fraud or collusion is alleged." 32.…

…So what then, constitutes fraud when a beneficiary calls for a performance bond?…