Sire v Municipal Council of Mombasa
Division and case type: CivilCivil Case
…Those grounds are such as fraud, mistake or misrepresentation.…
Case law
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Division and case type: CivilCivil Case
…Those grounds are such as fraud, mistake or misrepresentation.…
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 Case
…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.…
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…
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: CriminalCriminal Appeal
…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.…
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.…
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: CivilCivil Appeal
…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…
…It can only be set aside by consent, unless upon proper application having been made, it can be shown, as is not the case here, that the consent order was obtained by fraud or collusion.…
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.…
Division and case type: CivilCivil Appeal
…For our part it is of the utmost importance that there is an allegation of fraud and a claim that there was a Deed of Settlement by which a Mrs Nazerali, “the registered proprietor of the suit premises created a trust in…
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.…
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…
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…
Division and case type: CivilCivil Appeal
…Had he done so he would have found that there was evidence of falsification of the documents in circumstances that fraud was intended.…
Division and case type: Constitutional and Human RightsJudicial Review
…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…
Division and case type: CivilCivil Appeal
…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…
…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.…