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…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…

…Suffice is to say that, no particulars of fraud and/or forgery have been given in the pleadings.…

…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.”…

…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.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…Examples of facts which cannot be perceived by the senses are intention, fraud, good faith and knowledge. Facts can be directly perceived either with or without the intervention of senses.…

…Examples of facts which cannot be perceived by the senses are intention, fraud, good faith and knowledge. Facts can be directly perceived either with or without the intervention of senses.…

…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.…