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: CriminalCriminal Appeal
…There also must be a knowledge on the appellant’s part of such fraud. From the evidence before the Court and the submission used – the petition of appeal does not question the fakeness of the dollars.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.”…