Judgment[2010] KEHC 210
Case law
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Division and case type: Constitutional and Human RightsPetition
…Divorce: if consent to marry is obtained by fraud, trick, duress or force, the marriage is void. The test to be applied is whether there is real consent as defined at pg6 of this judgment.…
…The marriage is void if the consent is lacking or if it is obtained by fraud or force, or by threats or duress. It was in Sullivan vs. Sullivan (1818) 2 Hag.…
Division and case type: CivilCivil Case
…the parties had agreed to a sum and that agreement is manifested by the signing of the cheque shows that the plaintiff is entitled to recover that sum unless, as I say, there are some special considerations as fraud or duress…
…The court was in effect saying that a cheque or any bill of exchange constitutes an agreement which may only be vitiated on grounds weighty enough to vitiate any ordinary contract, such as fraud, duress and misrepresentation…