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…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.…

…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…

…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.…

…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.…

…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.…

…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.…

…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…

…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.…

…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…

…Had he done so he would have found that there was evidence of falsification of the documents in circumstances that fraud was intended.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…