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…shown to have participated in the fraud. …

…He has no knowledge of the fraud; d.   The vendors had apparent valid title; e.   He purchased without notice of any fraud; f.   He was not party to any fraud.…

…shown to have participated in the fraud. …

…He has no knowledge of the fraud; d.   The vendors had apparent valid title; e.   He purchased without notice of any fraud; f.   He was not party to any fraud.…

…from a registered proprietor though such knowledge may be an element in building up a case of fraud, it does not of itself constitute a fraud.”…

…However, common law fraud was not being relied upon, but rather fraud as defined in Section 2 of the Registration of Titles Act which we have set out above.…

…The Defendant’s actions were termed as fraudulent, with the particulars of fraud stated in the Plaint. III. Particulars of fraud 8.…

…of fraud upon the pleadings, and though it is not necessary that the word fraud should be used, the facts must be so stated as to show distinctly that fraud is charged (Wallingford – Versus - Mutual Society (1880) 5 App.…

…The Learned Counsel argued that it was well settled that for a cause of action founded on fraud, time starts running from the time the fraud is discovered.…

…In the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or…

…The Plaintiff alleged fraud on the part of the Defendants, and they had a duty to prove the existence of such fraud. 108.   …

…It is trite that fraud must be specifically proved.…

…Fraud as per the legal dictionary means “that fraud consists of some deceitful practice or willful device, restricted to with intent to deprive another of his right or do in some manner an injury”. 21.   …

…They noted that the Appellant failed to prove fraud against any of the Respondents.…

…It is trite law that fraud must be specifically pleaded and strictly proved.…

…Fraud in land transactions has been a recurring theme in Kenyan jurisprudence. …

…The second principle in fraud allegation is that the burden of proof is on the person alleging fraud.…

…Allegations of fraud must strictly be proved. Great care must be taken in pleading allegations of fraud or dishonesty.…

…Costs of this application be borne personally by the parties found culpable for the fraud, collusion, misrepresentation and non-disclosure of material facts. 7.…

…in an originating summons and in the absence of all the parties involved in the fraud adducing their evidence. i.…

…of fraud upon the pleadings, and though it is not necessary that the word fraud should be used, the facts must be so stated as to show distinctly that fraud is charged (Wallingford – Versus - Mutual Society (1880) 5 App.…

…valuable consideration; e. the vendors had apparent valid title; f. he purchased without notice of any fraud; g. he was not party to any fraud.”…

…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.…

…However, it explicitly carves out an exception for fraud. A title obtained through fraud is not indefeasible and can be vacated by the court. 83.…

…have been a party to the fraud.…

…fraud or mistake or substantially contributed to it by any act, neglect or default.” 39.   …

…The fraud, mistake or omission must be proved by way of evidence.” 41.   …

…He has no knowledge of the fraud; d. The vendors had apparent valid title; e. He purchased without notice of any fraud; f. He was not party to any fraud.…

…The Defendants have alleged fraud on the part of the Plaintiffs, and they had a duty to prove the existence of such fraud. 162.   …

…implicated of fraud. 104.   …

…of fraud must be pleaded and strictly proved.…

…the court may order rectication of the register by directing that any registration be cancelled or amended where it is satised that any registration (other than a rst registration) has been obtained, made or omitted by fraud…

…Here there is no evidence of fraud or mistake. Even if fraud had been established, inasmuch as the respondent’s title was acquired by rst registration, it can, in no circumstances, be defeated.…

…must be specifically pleaded and that particulars of the fraud alleged must be stated on the face of the pleading.…

…It is also settled law that fraudulent conduct must be distinctly alleged and as distinctly proved, and it is not allowable to leave fraud to be inferred from the facts.” 21.   …

…He had no knowledge of the fraud; d. The vendors had apparent valid title; e. He purchased without notice of any fraud; f. He was not party to any fraud.…

…] has not impleaded fraud.…

…It was anchored on fraud, unlawful transfer of land, and subsequent creation of a charge over a disputed and impeached title, thereby directly implicating the 3rd Defendant’s proprietary interest. 12.…

…It was trite law that fraud vitiated all transactions tainted by it, and once fraud was pleaded in relation to the root transaction, any subsequent dealings founded on the impugned transaction are necessarily placed in issue…