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.…
…Under Section 14 (1) (e) of the Matrimonial Causes Act, a decree of nullity of marriage can be made if it is proved that consent of the Petitioner was obtained by force or fraud.…
Division and case type: CriminalCriminal Appeal
…Mr Harwood submitted that this was not applicable to criminal cases, since the State must certainly be able to prosecute on the basis of fraud or mistake. It was the truth behind the document that mattered.…
…In this case however, Gitonga does not allege a criminal fraud upon himself.…
Division and case type: Anti-CorruptionPetition
…That the Consent Orders made in the presence and consent of Counsel are binding on all parties to the proceedings and cannot be varied or discharged unless done so by consent or unless they were obtained by fraud or collusion…
…That the orders of 3rd December, 2014 can only be vacated on the making of a formal application by the Respondents and upon proof of mistake, fraud or non-disclosure of material facts by the Applicant. 6.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…It follows that we nd no merit in the appellant’s persistence in challenging the nding that he was involved in the fraud. 4. It remains, however, to make one clarication.…
Division and case type: CriminalCriminal Appeal
…There also must be a knowledge on the appellant’s part of such fraud. From the evidence before the Court and the submission used – the petition of appeal does not question the fakeness of the dollars.…
Division and case type: CriminalCriminal Appeal
…From the evidence of PW1 no fraud on the part of the Appellant is shown. PW1further admits Appellant had his permission to use the items while in his employment.…
Division and case type: CriminalCriminal Appeal
…It follows that we nd no merit in the appellant’s persistence in challenging the nding that he was involved in the fraud. 4. It remains, however, to make one clarication.…
Division and case type: CriminalCriminal Appeal
…It is sad, perhaps, that, under section 143 (1) of the Registered Land Act cap 300 no order can be made to rectify a first registration on the ground of fraud or mistake, but that is irrelevant to the question which we have…
Division and case type: CriminalCriminal Appeal
…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…
Division and case type: Environment and LandPetition
…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…
Division and case type: CriminalCriminal Appeal
…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…
Division and case type: CriminalCriminal Appeal
…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…