Search court decisions

…Divorce: if consent to marry is obtained by fraud, trick, duress or force, the marriage is void. The test to be applied is whether there is real consent as defined at pg6 of this judgment.…

…The marriage is void if the consent is lacking or if it is obtained by fraud or force, or by threats or duress. It was in Sullivan vs. Sullivan (1818) 2 Hag.…

…Having admitted that they signed the agreement the burden of proving duress was on the appellants.…

…In deciding whether or not there was duress, it is important to examine the circumstances bearing in mind the rights of both sides and not those of the appellants only.…

…Duress/undue influence The defendant has claimed that the agreement was signed under duress and undue influence.…

…The appellant, despite alleging duress, never set out any particulars beyond stating that the duress was exerted by the former State House Comptroller.’…

…He contended that duress ought to have been specifically pleaded and sufficiently proved.…

…That the allegation of duress was not proved. 34. The Respondent on the other hand argued that the said agreement was made under duress when he was under the arrest of policemen.…

…The respondent further denied owing the appellant anything above the amount admitted and stated the deed of acknowledgement of Ksh. 900,000/= that he signed was signed at a police station under duress. 3) In its judgement…

…dated 10th May 2025 found that the respondent averments that he signed acknowledgement of debt under duress was credible and trustworthy and entered judgement in favour of the respondent for the sum of Ksh. 120,000 admitted…

…He now argues that this agreement to refund the sum of Kshs.100,000/- was procured under duress at a police station. He acknowledges refunding a sum of Kshs.35,000/-.…

…The Appellant did not take any steps to rescind the agreement as one procured as a result of a duress. As a matter of fact, he even paid a sum of Kshs.35,000/- towards the agreement. 21.…

…Furthermore, he denies acknowledging the debt and claims that the agreement was made under duress and coercion.…

…It is well-established in law that contracts entered into under duress are voidable.…

…At the hearing in her evidence in Chief the Plaintiff averred that she executed the Deed under duress, that her ex-husband and his brother summoned her to the office of the Advocate.…

…In her submissions the Plaintiff submits that the Deed of Separation dated 3rd January 2013 is ‘null and void, as not only is it unconscionable, but it was also procured through economic duress, misrepresentation, of material…

…At the hearing in her evidence in Chief the Plaintiff averred that she executed the Deed under duress, that her ex-husband and his brother summoned her to the office of the Advocate.…

…In her submissions the Plaintiff submits that the Deed of Separation dated 3rd January 2013 is ‘null and void, as not only is it unconscionable, but it was also procured through economic duress, misrepresentation, of material…

…He also faulted the Trial Court for finding that the agreements were valid yet they were signed under duress and having not been signed freely, they were not binding between the parties.…

…Notably, his assertions that he the agreements under duress was not brought up when he was cross-examined. 23.…

…The Defendant does not deny signing the final accounts but alleges duress, procedural formality, and exclusion of remedial costs.…

…These allegations, though not supported by contemporaneous evidence of duress, nonetheless raise triable issues as to the accuracy, completeness, and binding effect of the final accounts.…

…to the application the appellant filed a replying affidavit sworn on 6th December 2021 by SUJI WALTER AWIMBO wherein the appellant refuted the debt, contending that the repayment agreement was executed under coercion and duress…

…The respondent finds the argument of duress by the appellant to be unsustainable as the appellant had an opportunity to seek advice from Counsel. Analysis 10.…

…Duress and/or coercion occurs when a party is placed under improper pressure from one party to decide or act in a certain way inconsistent with this free will.…

…:- “…….Duress, whatever form it takes, is a coercion of the will so as to vitiate consent.…

…The defendants have also pleaded that they signed the agreement and the deed under duress and undue influence.…

…The defendants have not explained how the alleged duress and undue influence was done.…

…It also contended that it executed the debt settlement agreement under duress and that it was not provided with actual figures or the original copies of the agreement. 19 The court notes that the debt settlement agreement…

…The lease agreement is also mentioned in the debt settlement agreement. 22 The defendant also contended that the debt settlement agreement was under duress and that it was not provided with actual figures or the original…

…It also contended that it executed the debt settlement agreement under duress and that it was not provided with actual figures or the original copies of the agreement. 40.The court notes that the debt settlement agreement…

…The lease agreement is also mentioned in the debt settlement agreement. 43.The defendant also contended that the debt settlement agreement was under duress and that it was not provided with actual figures or the original…

…the parties had agreed to a sum and that agreement is manifested by the signing of the cheque shows that the plaintiff is entitled to recover that sum unless, as I say, there are some special considerations as fraud or duress…

…The court was in effect saying that a cheque or any bill of exchange constitutes an agreement which may only be vitiated on grounds weighty enough to vitiate any ordinary contract, such as fraud, duress and misrepresentation…

…In Jayantilala Lalji Gandhi & another v Mavji Ruda [1986] eKLR the court held: - ‘Duress at common law, or what is sometimes called legal duress, means actual violence or threats to violence to the person i.e, threats calculated…

…The Court of Appeal in John Mburu Vs Consolidated Bank of Kenya (2018) eKLR , stated: - “ But there is also economic duress which was discussed by this court in Kenya Commercial Bank Ltd & another Vs Samuel Kamau Macharia…

…The Bank disputes the Plaintiff's claim that it signed under duress or that the terms were misrepresented.…

…The Plaintiff’s argument that it did not read the terms or signed under duress is weak, as the documents were signed by directors of a limited company, and the Bank has annexed internal emails showing it temporarily reversed…