Case law
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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: 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: 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: 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.…