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…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.…

…Under Section 14 (1) (e) of the Matrimonial Causes Act, a decree of nullity of marriage can be made if it is proved that consent of the Petitioner was obtained by force or fraud.…

…The value of the subject of the fraud was stated as Ksh.5,108,210/=. When the applicant was arraigned before the said court, he pleaded not guilty to the charge.…

…Those grounds are such as fraud, mistake or misrepresentation.…

…In other times, it is the potential defendants who conceal fraud”. Equally in Gathoni vs.…

…The first reference to title documents only appears in correspondence from 2024, long after the alleged fraud was supposedly discovered. The allegation of fraud has to be supported.…

…fraud must prove fraud.…

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

…The defendants correctly argue that the burden of proving the alleged fraud rests solely on the plaintiff. In cases where fraud is alleged, it is not enough to infer fraud from the facts alone.…

…The party claiming fraud must explicitly plead and support the alleged fraud in accordance with the required standards. 14.…

…That the Appellant demonstrated fraud on the part of the Respondent and therefore the trial Magistrate was wrong to hold that the Appellant failed to prove fraud and/or particulars of fraud.…

…The standard of proof of cases based on fraud is higher than a balance of probabilities.…

…That it places a burden on the party pleading fraud to demonstrate the specific acts of fraud complained of, when the fraud was discovered, and that the discovery could not, with reasonable diligence, have been made earlier…

…failed to demonstrate discovery of fraud.…

…The exception for fraud is a jurisdictional gateway that the Commissioner must unlock to validly assess older periods.…

…The allegation of fraud is a serious one that, if accepted, deprives the taxpayer of the protection of a statutory time limit.…

…That the fraud was discovered when the Plaintiff began the succession process in the year 2023.…

…a) the action is based upon the fraud of the defendant or his agent, or of any person through whom he claims or his agent; or (b) the right of action is concealed by the fraud of any such person as aforesaid; or (c) the action…

…On whether the Tribunal erred in shifting the burden of proof to the Appellant to demonstrate fraud, the Appellant submitted that the Tribunal’s holding that the Commissioner failed to lead evidence to prove fraud against…

…The Appellant argued that the allegations of fraud in this case stemmed from the Respondent’s failure to truthfully declare all sales made which according to section 97 of the Tax Procedure Act constituted fraud on the face…

…On whether the Tribunal erred in shifting the burden of proof to the Appellant to demonstrate fraud, the Appellant submitted that the Tribunal’s holding that the Commissioner failed to lead evidence to prove fraud against…

…The Appellant argued that the allegations of fraud in this case stemmed from the Respondent’s failure to truthfully declare all sales made which according to section 97 of the Tax Procedure Act constituted fraud on the face…

…The trial Court erred in law and fact by failing to find that a cause of action anchored in the tort of fraud should be filed within three years from the date of such fraud and/or from the time of discovery of such fraud…

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

…The trial Court erred in law and fact by failing to find that a cause of action anchored in the tort of fraud should be filed within three years from the date of such fraud and/or from the time of discovery of such fraud…

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

…(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.…

…The pleadings must contain a distinct pleading alleging fraud and particulars constituting the alleged fraud.…

…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.…