Judgment[1988] KECA 101
Case law
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Division and case type: CivilCivil Appeal
…the court may order rectication of the register by directing that any registration be cancelled or amended where it is satised that any registration (other than a rst registration) has been obtained, made or omitted by fraud…
…Here there is no evidence of fraud or mistake. Even if fraud had been established, inasmuch as the respondent’s title was acquired by rst registration, it can, in no circumstances, be defeated.…
Division and case type: CivilCivil Appeal
…Slesser LJ said “Fraudulent conduct must be distinctly alleged and as distinctly proved, and it is not allowable to leave fraud to be inferred from the facts”.…
…There was no allegation of fraud, nor was rectification claimed in the pleadings.…
Division and case type: CivilCivil Case
…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:”.…
Division and case type: CivilCivil Appeal
…The other act of fraud in the particulars of fraud is said to be that the defendant had no permission of any sort from the plaintis to convert the plaintis’ contract.…
Division and case type: CriminalCriminal Appeal
…It is sad, perhaps, that, under section 143 (1) of the Registered Land Act cap 300 no order can be made to rectify a first registration on the ground of fraud or mistake, but that is irrelevant to the question which we have…