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…The 1st Defendant submitted that the Plaintiff failed to strictly prove the allegations of fraud as required in law.…

…Whether the Plaintiff proved fraud or forgery 27.…

…The said agreement was in writing and although disputed by the appellant, the appellant did not plead either fraud or forgery.…

…In the case of Kuria Kiarie v Sammy Magera [2018] eKLR, the court pronounced itself on the issue of fraud as follows: ‘ ’It is well established that fraud must be specifically pleaded and that particulars of the alleged fraud…

…The court also held that the Defendant was not liable for fraud as the Appellant had failed to plead particulars of fraud. Consequently, the court dismissed the claim with costs. 7.…

…In Kuria Kiarie and 2 Others v Sammy Magera [2018] eKLR the Court of Appeal stated made the following observation on forgery and fraud: It is trite law that any allegations of fraud must be pleaded and strictly proved.…

…For the plaintiffs to rely on this provision, they ought to have a claim based on fraud.…

…The Court held 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.…

…Regarding fraud, counsel averred, based on the holding in re Estate of Julius Ndubi Javan (deceased) [2011] eKLR, that allegations of fraud must be specifically pleaded and strictly proved.…

…In the circumstances, I am unable to agree that the petitioner/respondent committed fraud or withheld material information. 18. I must state that allegations of fraud must be specifically pleaded and strictly proved.…

…The Applicant further averred that using fraud, the Administrator sold the only family property, to wit Title No Lamu/Hindi/Magogoni/72, to Frank Karuri Mwangi Gichohi. 3.…

…He denied committing fraud or seeking to evict the widow from the land. He, therefore, urged that the application be dismissed. 14.…

…Allegations of fraud must be specifically pleaded and strictly proved with the the burden of proof falling on the party alleging fraud.…

…the burden of proof on the Respondent was certainly not one beyond a reasonable doubt as in Criminal Cases…” In cases where fraud is alleged, it is not enough to simply infer fraud from the facts.” 40.…

…The claims founded on fraud, impersonation, negligence, and/or loss of creditworthiness were also alleged to be statute-barred, the Defendant having pleaded discovery of the alleged fraud or wrongful acts no later than 2010…

…Regarding the claim on fraud and fraudulent concealment, Counsel contended that under Section 26 of the Limitation of Actions Act , where an action is based on the fraud, the period of limitation does not begin to run until…

…(a) Whether the Consent was Procured through Fraud or Misrepresentation 32.…

…Fraud is a serious allegation carrying significant legal consequences.…

…On the allegation of fraud, the Defendant submits that the Plaintiffs have not pleaded or strictly proved fraud to the required standard, citing sections 107 and 108 of the Evidence Act and relevant case law. 28.…

…The Court does not presume fraud; it must be demonstrated through credible and cogent evidence. 31.…

…There are certain principles or requirements that must be met for the allegation of fraud to be admitted by a court of law. 54. The first principle is that an allegation of fraud must be specifically pleaded and proved.…

…is alleged, it is not enough to simply infer fraud from the facts.” 57.…

…I do not think the effect of that ruling amounts to fraud on their part. 14. Fraud requires an intentional deception or concealment of a current material fact.…

…A judgment thereafter, declaring that authority as flawed may not automatically transform all prior actions into fraud. 16.…

…It was submitted that the purpose of the procedure is to help curb fraud and identity theft.…

…The trial court held that fraud was not proved to the higher standard required. Indeed, the plaintiff did not show who among the defendant’s employees or agents committed the fraud.…

…court stated that:- “It is trite law that he who alleges fraud must prove fraud.…

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

…Nyakundi and the respondent, nor of any fraud perpetrated by the 2. In any case, allegations of fraud are grave, for fraudulent conduct has elements of criminality.…

…of fraud must be particularised.…

…Secondly a party seeking to rely on allegation of fraud must not only plead but must also prove the alleged fraud.…

…Proof of fraud requires clear and cogent proof. The standard of proof on allegation of fraud was discussed in the case Urmila W/O Mahendra Shah VS.…

…Without prejudice to the foregoing, the 1st Defendant stated that if there was any fraud by the 2nd and 3rd Defendants, the said fraud could only have been done with the knowledge or participation of the Bank’s staff, employees…

…Joe Kaviu, facilitated the fraud by using the 2nd Defendant\'s Card to pay himself for a motor vehicle purportedly sold to the 3rd Defendant and that due to the connivance and collusion in the fraud involving the 1st Defendant…

…Mennonite denies the allegations of fraud.…

…In addition, mere allegations or assertions of fraud will not do.…

…A fundamental principle of fraud is that the same must be specifically pleaded and proved.…

…particulars of the fraud alleged must be stated on the face of the pleading.…