Search court decisions

…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.…

…He urged that the respondent did not prove fraud, as the evidence was not exact, definitive, or unequivocal. He further urged that fraud must be specifically pleaded and strictly proved.…

…not open to the court to find fraud.…

…Counsel pointed out that the Appellant pleaded fraud in his Defence and/or Response, submitting that it is settled law that fraud must be specifically pleaded and proved.…

…He stated that fraud is a criminal offence and further, that the Appellant's theory for repudiating the claim suggests that the Respondent is guilty of fraud; yet no report of fraud has been made to the Police. 30.…

…from a registered proprietor though such knowledge may be an element in building up a case of fraud, it does not of itself constitute a fraud.”…

…However, common law fraud was not being relied upon, but rather fraud as defined in Section 2 of the Registration of Titles Act which we have set out above.…

…The court also held that the Defendant was not liable for fraud as the Appellant had failed to plead particulars of fraud. Consequently, the court dismissed the claim with costs. 7.…

…In Kuria Kiarie and 2 Others v Sammy Magera [2018] eKLR the Court of Appeal stated made the following observation on forgery and fraud: It is trite law that any allegations of fraud must be pleaded and strictly proved.…

…Allegations of fraud must be specifically pleaded and strictly proved with the the burden of proof falling on the party alleging fraud.…

…the burden of proof on the Respondent was certainly not one beyond a reasonable doubt as in Criminal Cases…” In cases where fraud is alleged, it is not enough to simply infer fraud from the facts.” 40.…

…It was submitted that the purpose of the procedure is to help curb fraud and identity theft.…

…The trial court held that fraud was not proved to the higher standard required. Indeed, the plaintiff did not show who among the defendant’s employees or agents committed the fraud.…

…Nyakundi and the respondent, nor of any fraud perpetrated by the 2. In any case, allegations of fraud are grave, for fraudulent conduct has elements of criminality.…

…of fraud must be particularised.…

…Finally, the Appellant objected to the trial magistrate’s assertions that the case carried "nuances of fraud." The Appellant submitted that fraud must be explicitly pleaded and strictly proved.…

…The Appellant contended that since fraud was never pleaded, the trial court erred by raising it sua sponte . 39. To resolve this issue, this Court must examine how the issue of fraud sneaked into the trial.…

…From the above, I find the issue of fraud to be paramount and ought to be determined in priority to the other issues.…

…The standard of proof in cases of fraud was stated in Kinyanjui Kamau vs. George Kamau (2015) eKLR where it was held as follows: - ….. It is trite law that any allegations of fraud must be pleaded and strictly proved…….…

…The respondent submitted that the appellant failed to tender evidence in support of his allegations on fraud as the burden of proof lies on the person alleging the fraud as was held in the case of Ndolo v Ndolo [2008] 1 KLR…

…The law requires that fraud must not only be specifically pleaded but also strictly proved.…

…The meeting referred to by the Respondent was requested by the Appellant and the “fraud cases in court” were also in reference to the Appellant.…

…It is clear from the trial court's judgment that it is in fact the Appellant who admitted having been charged with fraud.…

…He urged the court to come to the aid of the applicant and not to sanction the insurance fraud Also that there is overwhelming evidence that the cause of action does not exist.…

…Though there applicant says that the sum was paid before the fraud was realized , .…

…Counsel stated that, given the fact that the appeal was based on fraud and in view of the foregoing decision, the ruling of the court below was well-grounded. The appeal couldn’t, therefore, be said to be arguable. 9.…

…I note that the trial court found that the issue of fraud could only be established upon a trial on the merits.…

…However, he failed to show by way of evidence that the Respondent committed a fraud and that evidence 11 Civil Appeal No.…

…How does one prove fraud so that judicial discretion can be exercised in his or her favour to secure judgment of the Court?…

…This cannot be termed to be an averment of fraud or misrepresentation. It is clear that the said appellants were being joined for having guaranteed returns.…

…Giving a guarantee and misrepresentation or fraud are different things. None of the documents produced by the respondents had a claim of fraud or deliberate misrepresentation leave alone proof.…

…As fraud is a serious allegation, the law as stated in Vijay Morjaria v Nansingh Madhusingh Darbar & Another [2000] eKLR by Tunoi, JA., is 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.…

…The law on fraud is that an allegation of fraud must be specifically pleaded and proved.…

…In Vijay Morjaria v Nansingh Madhusingh Darbar & Another [2000] eKLR, Tunoi, JA (as he then was) stated as follows: “It is well established that fraud must be specifically pleaded and that particulars of the fraud alleged…