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: Milimani Commercial CourtsCivil Case
…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.…
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: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Constitutional and Human RightsConstitutional Petition
…replaced the former Act have provisions for the rectification of the land register by the Registrar in specific cases and by order of the court “if it is satisfied that any registration was obtained, made or omitted by fraud…
Division and case type: Constitutional and Human RightsJudicial Review
…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: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Examples of facts which cannot be perceived by the senses are intention, fraud, good faith and knowledge. Facts can be directly perceived either with or without the intervention of senses.…