Judgment[2009] KEHC 530
Case law
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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: 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: CivilCivil Suit
…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…
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.…