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…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.…

…If the defendant wishes to resist the enforcement of the settlement of the plaintiff’s claim, it must attack the settlement itself by seeking to show that the settlement was procured by some fraud or fraudulent misrepresentation…

…agreed with sufficient certainty in the same terms on the same subject-matter, then the contract is good, unless and until it is set aside for failure of some condition on which the existence of the contract depends, or for fraud…

…The Defendant, on the other hand, claims that the Plaintiff has obtained title to the suit land by fraud.…

…He claims to be in possession of the vendor’s title deed, without which, he says, the Plaintiff could not have possibly registered himself as the owner, except by fraud. That, in my view, raises a serious triable issue.…

…or mistake in consequence of which the rectification is sought or caused such omission fraud or mistake or substantially contributed to it by his act, neglect or default.…

…There is no evidence that the defendants when purchasing the suit premises had prior knowledge of the fraud being perpetrated on PW1 by the 1st defendant or caused such fraud and or substantially contributed to the same.…

…Kawaja for the respondent has opposed this application citing authorities to show that a consent order can only be set aside if there was fraud, mistake or misrepresentation. I agree with Mr.…

…Kawaja’s submission that a consent order is indeed a contract which can only be set aside upon well settled criteria – fraud, mistake or misrepresentation.…

…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…

…The onus of proving fraud or concealment of material fact lies in the applicant. There is no dispute she was married to the deceased. The marriage was registered under the Marriage Act.…

…I find the fact of fraud and non-disclosure proved by the applicant. I order that the letters of administration (intestate) issued to the respondents be nullified by the Deputy Registrar of this Court.…

…That the Consent Orders made in the presence and consent of Counsel are binding on all parties to the proceedings and cannot be varied or discharged unless done so by consent or unless they were obtained by fraud or collusion…

…That the orders of 3rd December, 2014 can only be vacated on the making of a formal application by the Respondents and upon proof of mistake, fraud or non-disclosure of material facts by the Applicant. 6.…

…I came to the conclusion that the sale of the vehicle in question was conducted in accordance with the Rules and I therefore do not find any fraud or unjust dealings in the matter.…

…From the record there is no complaint that there was any breach of those conditions or fraud.…

…Firstly, no fraud, misrepresentation and concealment has been proved.…

…He is a third party as far as the land is concerned having not been party to whatever fraud the defendant alleges against the plaintiff’s father. Moreover, the decision of the elders is unenforceable.…

…It follows that we nd no merit in the appellant’s persistence in challenging the nding that he was involved in the fraud. 4. It remains, however, to make one clarication.…

…The letter of termination read, in pertinent part, as follows: “TERMINATION OF SERVICE Reference is made to the investigations which have recently been carried out by Bank inspectors into (i) Kshs. 10.5 million fraud at the…

…With regard to the alleged fraud of Kshs 10.5 million, an account was opened at the Market Street branch on 10th March, 1986 in the name of Abumba Exporters.…

…The provisions state: “Where, in the case of an action for which a period of limitation is prescribed, either:- (b) The right of action is concealed by the fraud of any such person as aforesaid; or (c) the action is for relief…

…from the consequences of a mistake, the period of limitation does not begin to run until the plaintiff has discovered the fraud or the mistake or could with reasonable diligence have discovered it:”.…

…There also must be a knowledge on the appellant’s part of such fraud. From the evidence before the Court and the submission used – the petition of appeal does not question the fakeness of the dollars.…

…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.…

…That the consent entered into herein is binding on the parties as there is no suggestion or allegation of fraud or collusion and or mistake. 13.…

…In the case of Brooke Bond Liebig (T) Ltd v Maliya (1975) EA 266 it was held inter alia that a consent judgment may only be set aside for fraud, collusion or for any other reason which would enable the court to set aside…

…It can only be set aside on grounds which will justify the vitiation of any contract, like fraud, mistake, misrepresentation or illegality. Such grounds have not been shown to be present here.…