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…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.…

…Mr Harwood submitted that this was not applicable to criminal cases, since the State must certainly be able to prosecute on the basis of fraud or mistake. It was the truth behind the document that mattered.…

…In this case however, Gitonga does not allege a criminal fraud upon himself.…

…The learned judge took a positive view of the situation before him, that there was no tangible evidence of fraud or negligence by the bank.…

…That sounded strange from a party accusing a bank of fraud and negligence. But it is of a piece with the amended plaint.…

…Where a defence to an action on a note or bill is allegations of fraud, the court must first order the defendant to pay and then bring a separate action for fraud.…

…At one time a court of law would say that even where the defence to an action on a note or bill was an allegation of fraud the defendant must pay it first and bring a separate action for the fraud, and equity in this matter…

…Mr Mulwa submitted that the Judge was right to revoke the grant and declare the Will invalid because the circumstances in which it was written and executed were suspicious and did not exclude the possibility of fraud.…

…Andrew, Lord Cairns, L.C., referred to the duty "to bring home to the mind of the testator the effect of his testamentary act", and pointed out that failure to perform that duty might amount to a greater or less degree of fraud…

…"Prima facie , any order made in the presence and with consent of counsel is binding on all parties to the proceedings or action, and on those claiming under them... and cannot be varied or discharged unless obtained by fraud…

…Gautama has not suggested that the consent order was obtained by fraud or collusion. Neither has Mr.…

…indefeasible owner thereof, subject to the encumbrances, easements, restrictions and conditions contained therein or endorsed thereon, and the title of that proprietor shall not be subject to challenge, except on the ground of fraud…

…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.”…

…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.…