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…the court may order rectication of the register by directing that any registration be cancelled or amended where it is satised that any registration (other than a rst registration) has been obtained, made or omitted by fraud…

…Here there is no evidence of fraud or mistake. Even if fraud had been established, inasmuch as the respondent’s title was acquired by rst registration, it can, in no circumstances, be defeated.…

…The onus of proving fraud or concealment of material fact lies in the applicant. There is no dispute she was married to the deceased. The marriage was registered under the Marriage Act.…

…I find the fact of fraud and non-disclosure proved by the applicant. I order that the letters of administration (intestate) issued to the respondents be nullified by the Deputy Registrar of this Court.…

…Slesser LJ said “Fraudulent conduct must be distinctly alleged and as distinctly proved, and it is not allowable to leave fraud to be inferred from the facts”.…

…There was no allegation of fraud, nor was rectification claimed in the pleadings.…

…The learned judge took a positive view of the situation before him, that there was no tangible evidence of fraud or negligence by the bank.…

…That sounded strange from a party accusing a bank of fraud and negligence. But it is of a piece with the amended plaint.…

…Where a defence to an action on a note or bill is allegations of fraud, the court must first order the defendant to pay and then bring a separate action for fraud.…

…At one time a court of law would say that even where the defence to an action on a note or bill was an allegation of fraud the defendant must pay it first and bring a separate action for the fraud, and equity in this matter…

…Mr Mulwa submitted that the Judge was right to revoke the grant and declare the Will invalid because the circumstances in which it was written and executed were suspicious and did not exclude the possibility of fraud.…

…Andrew, Lord Cairns, L.C., referred to the duty "to bring home to the mind of the testator the effect of his testamentary act", and pointed out that failure to perform that duty might amount to a greater or less degree of fraud…

…"Prima facie , any order made in the presence and with consent of counsel is binding on all parties to the proceedings or action, and on those claiming under them... and cannot be varied or discharged unless obtained by fraud…

…Gautama has not suggested that the consent order was obtained by fraud or collusion. Neither has Mr.…

…The other act of fraud in the particulars of fraud is said to be that the defendant had no permission of any sort from the plaintis to convert the plaintis’ contract.…

…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…

…It can only be set aside by consent, unless upon proper application having been made, it can be shown, as is not the case here, that the consent order was obtained by fraud or collusion.…

…For our part it is of the utmost importance that there is an allegation of fraud and a claim that there was a Deed of Settlement by which a Mrs Nazerali, “the registered proprietor of the suit premises created a trust in…

…indefeasible owner thereof, subject to the encumbrances, easements, restrictions and conditions contained therein or endorsed thereon, and the title of that proprietor shall not be subject to challenge, except on the ground of fraud…

…however, the respondent emphasised that from the circumstances of the matters in dispute between him and the appellant, it appeared that the appellant was formed by John Saul and Gabriel Nyambu with a view to committing fraud…

…It is elementary law that no person can take advantage of his own fraud. Evidently, from what I have tried to outline above, the appellant’s appeal must fail.…

…The exception to the rule referred to above may be taken advantage of by minority shareholders if they can show fraud but they cannot do so by way of a petition. They can only do so as plaintiffs in a derivative action.…

…All I will say is that before one can proceed further with such a derivative action he has to establish a prima facie case of fraud the burden whereof is higher than a balance of probability burden.…

…Had he done so he would have found that there was evidence of falsification of the documents in circumstances that fraud was intended.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…They also considered the Statute of Frauds which expressly refers to signature by an agent and that a clause which contain no reference to an agent was to be held to require personal signature.…

…In the Statute of Fraud regarding the sale of land, the words of the section are “and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.”…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…