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…He made no report of this alleged coercion to higher authorities nor did the Appellant approach any court to have the agreement set aside. 17.…

…There must be present some fact on which could in law be regarded as a coercion of his will, so as to vitiate his consent………… In determining whether there was a coercion of will such that there was no true consent, it is…

…In her letter to the DCI, the Appellant frankly confesses that the “decision was reached with coercion”.…

…The Adjudicator concluded that the Appellant failed to prove that the Settlement Agreement was procured by duress and coercion.…

…There was no allegation or evidence of coercion, fraud, duress, or undue influence. My finding is that in the absence of such vitiating factors, the contract was valid and binding. In Pius Kimaiyo Langat vs.…

…They are bound by the terms of their contracts, unless coercion, fraud or undue influence are pleaded and proved.”…

…The burden of proving undue influence or coercion, lies on the person making the allegation and he/she must show, on a balance of probabilities, that the transaction or agreement did not result from his/her own free will.…

…The court cited with approval the decision of the privy council in PAO and Others Vs Lau Yiu & another 1979 3 ALL ER 65 stating thus: - ‘Duress whatever form it takes is coercion of the will so as to vitiate consent.…

…She was in person and raised grounds of appeal as follows: a) The learned trial magistrate grossly erred in law and fact, failing to consider that the appellant’s plea of guilty could have been a result of coercion and other…

…No facts support the appellant’s contention that she pleaded guilty due to coercion. This ground has no basis. The appeal was properly taken, and she informed the trial court that she was a bhang peddler.…

…The Appellant asserted that the Respondents with impunity threatened, harassed, applied undue influence, misrepresentation of facts and with coercion, forced the Appellant to sign an agreement dated 17/02/2021 purporting…

…The Appellant particularized the particulars of coercion, undue influence and misrepresentation of facts on the part of the Respondents as follows:- a. Threatening the Appellant with physical harm; b.…

…The respondent submits that courts have held that parties are bound by the terms of their contract, unless coercion, fraud or undue influence are pleaded and proved and relied on the case of National Bank of Kenya Ltd -vs…

…- Pipe plastics Samkolit (K) Ltd (2002) EA 503 and the case of Pius Kimaiyo Lanqat v Co-operative Bank of Kenya Ltd [2017] eKLR; and submits that no issue of coercion, fraud or undue influence was pleaded by the Appellant…

…The parties are bound by their terms of their contract unless coercion, fraud or undue influence are proved. There was not the remotest suggestion of coercion, fraud or undue influence.”…

…The respondent contends that there was no voluntariness of settlement as alleged in the supplementary affidavit as the settlement was full of coercion and blackmail into agreeing to the withdrawal of the case.…

…The respondent submitted that the respondent’s circumstances at the time of the purported agreement were characterized by bad faith, duress, and coercion.…

…The appellant avers that he had lost another son who was killed by the vigilante group and he capitulated to fear , coercion and threats when he signed an agreement acknowledging owing money to the respondent.…

…It was also his assertion that there was no consideration for the agreement other than coercion and intimidation. 5.…

…Further, that the learned magistrate erred in law and fact in finding that the proper procedures had been followed in obtaining the statement and/or testimony of the victim and that the same was free from coercion and undue…

…Further, that the trial court failed to ensure that the proper procedures were followed in obtaining the complainant’s testimony or that the same was free from coercion and undue influence.…

…It is settled law in our legal system that Courts cannot rewrite contract for parties who remained bound by their agreed terms unless coercion, fraud or undue influence is proven.…

…The parties are bound by the terms of their contract, unless coercion, fraud or under influence are pleaded and proved." Similarly, in the case of Puis Kimaiyo Langat Vs.…

…E648 of 2021) [2023] KEHC 21550 (KLR) and Pius Kimaiyo Langat vs Co-operative Bank of Kenya Ltd [2017] eKLR for its submission that courts should not rewrite contracts voluntarily entered into by the parties unless fraud, coercion…

…It is trite law that parties are bound by terms of their contracts and courts will not readily interfere with such terms unless coercion, fraud, undue influence, or material mistake is pleaded and proved.…

…This is the basis of lack of Fair Trial due to coercion in self-incrimination and reliance on illegally obtained evidence was used to prove the offence of robbery with violence. 32.…

…In the instant case/appeal the Appellant raised the issue of coercion in submitting evidence on the recovery of Police Communication gadget from the pit latrine.…

…Failing to see that the Complainant’s evidence was obtained through coercion contrary to Article 50(4) of the Constitution. 4. Failing to take into account his mitigation. 3.…

…His ground that the evidence was obtained through coercion is thus rejected. 14. The Appellant contends that the evidence was inconsistent with the police statement.…

…Structures Limited (Z.R Shan) South fork Investment Limited (1986) eKLR, Amesnet Enterprises Limited & 2 others vs Susan Wanjiru Wangendo [2021] eKLR amongst other cases where the common thread was that undue influence or coercion…

…In the case of Simon Kamau Gatuhi vs Stephen Wainaina Kamonjo & Another (2017) KEELC 1648 (KLR), the court therein declined to enforce an agreement that it deemed to have been obtained by intimidation and coercion. 24.…

…That the Trial Magistrate erred in both law and facts by relying on evidence of a Complainant whose testimony was obtained through state coercion including her unlawful remand at Migori Women GK Prison which rendered her…

…The parties are bound by the terms of their contract unless coercion, fraud or undue influence are pleaded and proved.…

…There was not the remotest suggestion of coercion fraud and undue influence in regard to the terms of charge.’ 20.…

…This, he argues, is inconsistent with claims of coercion or mistake. 7.…

…The parties are bound by the terms of their contract, unless coercion, fraud or undue influence are pleaded and proved”.…