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…The period of the fraud cannot be held against the lay client. I would excuse the period up to May 23, 1986.…

…I have to weigh this with the effect of the fraud and failure to serve the request for proceedings. It is my view that the latter outweighs the earlier indulgence.…

…That the Consent Orders made in the presence and consent of Counsel are binding on all parties to the proceedings and cannot be varied or discharged unless done so by consent or unless they were obtained by fraud or collusion…

…That the orders of 3rd December, 2014 can only be vacated on the making of a formal application by the Respondents and upon proof of mistake, fraud or non-disclosure of material facts by the Applicant. 6.…

…The learned judge took a positive view of the situation before him, that there was no tangible evidence of fraud or negligence by the bank.…

…That sounded strange from a party accusing a bank of fraud and negligence. But it is of a piece with the amended plaint.…

…Mr Mulwa submitted that the Judge was right to revoke the grant and declare the Will invalid because the circumstances in which it was written and executed were suspicious and did not exclude the possibility of fraud.…

…Andrew, Lord Cairns, L.C., referred to the duty "to bring home to the mind of the testator the effect of his testamentary act", and pointed out that failure to perform that duty might amount to a greater or less degree of fraud…

…"Prima facie , any order made in the presence and with consent of counsel is binding on all parties to the proceedings or action, and on those claiming under them... and cannot be varied or discharged unless obtained by fraud…

…Gautama has not suggested that the consent order was obtained by fraud or collusion. Neither has Mr.…

…preposterous in my view to treat every breach, irrespective of the facts and circumstances of the particular case under consideration, as entitling the insurer to avoid the policy as that is likely to open the door for fraud…

…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.…

…The exception to the rule referred to above may be taken advantage of by minority shareholders if they can show fraud but they cannot do so by way of a petition. They can only do so as plaintiffs in a derivative action.…

…All I will say is that before one can proceed further with such a derivative action he has to establish a prima facie case of fraud the burden whereof is higher than a balance of probability burden.…

…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.”…

…This will was pleaded by the appellants themselves who alleged it was a fraud and the deceased had no mental and physical capacity to dictate and/or execute a will.…