“"fraud"” — court decisions

Judgment[1989] KEHC 1089 May 1989

Shah t/a Prasul’s v Steelcord Tyres Ltd

High Court at Mombasaan orally agreed date for its presentationCase number Civil Case 690 of 1988

Division and case type: CivilCivil Case

…fact that 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…

…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…

6 min read

Judgment[2002] KEHC 42626 September 2002

ENOS AGANDA v - REPUBLIC ….

High Court at MombasaTrial Court,Gakuhi,TheseCase number Criminal Appeal 331 of 2002

Division and case type: CriminalCriminal Appeal

…From the evidence of PW1 no fraud on the part of the Appellant is shown. PW1further admits Appellant had his permission to use the items while in his employment.…

4 min read

Judgment[1984] KEHC 548 December 1984

JOSEPH KARISA MUTSONGA v JOHNSON NYATI

High Court at MombasaSheridan,Judge Mombasa,Joseph,Macharia Muhuni Mr,Macharia Muhuni,Kupalia,Jayantilal Shah,CuthbertCase number Civil Suit 295 of 1976

Division and case type: CivilCivil Suit

…Charges of fraud should not be lightly made or considered. Mason v Clarke [1955] AC 778, 794: Bradford Building Society v Borders, [1941] 2 All ER 205.…

…Whether there is an evidence to support an allegation of fraud is a question of fact. Ludgater v Love (1881), 44 LT 694 (CA). Halsbury’s Laws of England, Vol 26 Third Ed, (1959) page 845, para 1572.…

26 min read

Judgment[1992] KEHC 1688 September 1992

Agricultural Development Corporation v Container Freighters Co. Ltd

High Court at MombasaInsteadCase number Civil Case 649 of 1991

Division and case type: CivilCivil Case

…The defendant filed two affidavits with the object of obtaining leave to defend and made allegations that the lease had been obtained by fraud and that she had a claim for damages for disrepair against the plaintiffs.…

case refusedDismissed12 min read

Judgment[2012] KEHC 70629 November 2012

ABDULLAH MANGI MOHAMED v LAZARUS BEJA & 5 OTHERS

High Court at MombasaMulwa,Ngige,Ngige Mr,Umara,Opulu Mr,Lazarus BejaCase number Constitutional Petition 59 of 2011

Division and case type: Constitutional and Human RightsConstitutional Petition

…replaced the former Act have provisions for the rectification of the land register by the Registrar in specific cases and by order of the court “if it is satisfied that any registration was obtained, made or omitted by fraud…

I find merit in the13 min read

Judgment[2023] KEHC 2670520 December 2023