Judgment[2010] KEHC 210
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: FamilySuccession Cause
…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.…
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: FamilySuccession Cause
…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: 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.…