Search court decisions

…The Defendant, on the other hand, claims that the Plaintiff has obtained title to the suit land by fraud.…

…He claims to be in possession of the vendor’s title deed, without which, he says, the Plaintiff could not have possibly registered himself as the owner, except by fraud. That, in my view, raises a serious triable issue.…

…Kawaja for the respondent has opposed this application citing authorities to show that a consent order can only be set aside if there was fraud, mistake or misrepresentation. I agree with Mr.…

…Kawaja’s submission that a consent order is indeed a contract which can only be set aside upon well settled criteria – fraud, mistake or misrepresentation.…

…I came to the conclusion that the sale of the vehicle in question was conducted in accordance with the Rules and I therefore do not find any fraud or unjust dealings in the matter.…

…From the record there is no complaint that there was any breach of those conditions or fraud.…

…Firstly, no fraud, misrepresentation and concealment has been proved.…

…The letter of termination read, in pertinent part, as follows: “TERMINATION OF SERVICE Reference is made to the investigations which have recently been carried out by Bank inspectors into (i) Kshs. 10.5 million fraud at the…

…With regard to the alleged fraud of Kshs 10.5 million, an account was opened at the Market Street branch on 10th March, 1986 in the name of Abumba Exporters.…

…It can only be set aside on grounds which will justify the vitiation of any contract, like fraud, mistake, misrepresentation or illegality. Such grounds have not been shown to be present here.…

…In any event, whether a defence is harsh or unconscionable or an engine of fraud - to use the words often applied to defences relying upon the failure to obtain consent of the Land Control Boards where required - if it is…

…preposterous in my view to treat every breach, irrespective of the facts and circumstances of the particular case under consideration, as entitling the insurer to avoid the policy as that is likely to open the door for fraud…

…Suffice is to say that, no particulars of fraud and/or forgery have been given in the pleadings.…

…Fraud was not pleaded and the evidence does not support it. Munini and Musangi were not saying Nzambi tried to defraud them of their inheritance but that she had no right to a share in Kituu’s estate.…