Judgment[1984] KECA 17
Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Suit
…Charges of fraud should not be lightly made or considered. Mason v Clarke [1955] AC 778, 794: Bradford Building Society v Borders, [1941] 2 All ER 205.…
…Whether there is an evidence to support an allegation of fraud is a question of fact. Ludgater v Love (1881), 44 LT 694 (CA). Halsbury’s Laws of England, Vol 26 Third Ed, (1959) page 845, para 1572.…
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.…