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…(as he then was) stated as follows: “It is well established that fraud must be specifically pleaded and that particulars of the fraud alleged must be stated on the face of the pleading.…

…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 v Mutual Society (1880) 5 App.…

…That in itself does not infer fraud on the part of the Defendant. 47. The Plaintiff's claim of fraud can only be resolved at a full hearing. It is not something I can simply wish away. 48.…

…A suit filed by a Plaintiff pleading fraud cannot succeed unless the Plaintiff specifically pleads the facts on which the Plaintiff relies on the alleged fraud or illegalities as stated in the plaint.…

…On the merits of the Plaintiffs' suit, there are joint and several allegations of fraud against the Defendants. When fraud is pleaded, it must be specifically proved.…

…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 v Mutual Society (1880) 5 App.…

…The allegations of fraud were neither pleaded nor proven. In cases where fraud is alleged, it is not enough to infer fraud from the facts alone.…

…It must be shown that the party claiming fraud has explicitly pleaded and supported the alleged fraud in accordance with the required standards. 42.…

…I see no defense to contest the plaintiff's assertion of fraud, disputing when the fraud was discovered. 22.…

…Where fraud is alleged, Section 26 of the Act states that the time ceases to run and is postponed.…

…Whenever allegations of fraud are pleaded, the same must also be specifically proved.…

…In Kimani v Njeri & 3 others [2023] KEELC 17771(KLR), the Court defined fraud and stated: “Whether there was fraud or not needs production of evidence.…

…Regarding fraud, the appellant pleaded in the amended plaint that the 2nd and 3rd respondents had acquired the suit land through fraud.…

…In the Virani (supra) case, the Court went further to state that in the absence of such specific pleading, a party is not at liberty to agitate the allegations of fraud or fraudulent intention as fraud is a serious quasi…

…According to the deponent, the consent judgment entered here on March 9, 2023, was obtained through fraud and misrepresentation.…

…As already established, to set aside a consent judgment, an applicant must prove fraud or collusion.…

…The law is clear that allegations of fraud must not only be specifically pleaded but also strictly proved.…

…The standard of proof for fraud, while not as high as in criminal cases, must be more than a mere balance of probabilities because fraud imputes dishonesty and quasi-criminal conduct on the part of a party. 34.…

…The particulars of fraud were set out under paragraph 15 of the plaint. 3.…

…No such evidence or documents were produced before the Court to enable the Court deduce fraud and/or forgery.…

…He further stated that he grew up on the suit land and that the Plaintiff obtained the land through fraud.…

…a) Did the Respondent obtain the suit land through fraud? 21. The Appellants herein all claimed that the suit land belongs to them, having been brought up on it, and that the Respondent obtained it through fraud.…

…By virtue of Section 26 of the Limitation of Actions Act, the question of when fraud was discovered is evidentiary in nature and can only be resolved at trial.…

…never existed and that, over 3 decades, have concealed this fraud, hence this claim. 10.…

…All the necessary documentation must be provided to substantiate the allegation of fraud.…

…The onus of discharging this burden is on the party alleging the fraud.” 16.…

…DW2 also testified that, following the discovery of the fraud, they recommended charging and prosecuting the 1st defendant for obtaining registration by fraud and false pretense. 39.…

…commenced when the alleged fraud was discovered. 40.…

…The Plaintiff has asserted fraud against the defendants in connection with the acquisition of the title that the 1st defendant holds.…

…It has been established that demonstrating fraud requires a higher standard of evidence than that required in typical civil disputes.…

…Regarding the limitation of actions, she stated that fraud was discovered in 2022, so the claim is on time. 15.…

…She concludes that the current preliminary objection will necessitate a mini-trial, particularly on fraud, to determine its appropriateness, as the court must consider numerous documents.…

…The Plaintiff anchors its case on fraud, as alleged against the Defendants severally and jointly as follows: For the 1st and 2nd Defendants, at paragraph 11 of the Plaint, the Plaintiff set out the particulars of fraud and…

…As submitted by the Plaintiff in Ondari v Atandi (Environment & Land Case 4 of 2021) [2022] KEELC 3487 (KLR), fraud was defined as follows: “21 According to the Merriam–Webster Dictionary, fraud means: - “intentional perversion…

…The plaintiffs have not demonstrated any fraud, misrepresentation, illegality, or notice attributable to the Bank.  …

…Fraud, illegalities, and improper acquisition of the suit property have been alleged against the defendants.…

…appeal as follows: a) The Learned Magistrate erred in law and in fact in concluding that the Appellant’s title could be impeached, and yet she observed that no evidence was adduced that pointed to her as being a party to any fraud…

…She claimed fraud in the manner in which the land was registered, alleging it was transferred from several owners. 7.…