Case law
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Division and case type: Constitutional and Human RightsPetition
…Divorce: if consent to marry is obtained by fraud, trick, duress or force, the marriage is void. The test to be applied is whether there is real consent as defined at pg6 of this judgment.…
…Under Section 14 (1) (e) of the Matrimonial Causes Act, a decree of nullity of marriage can be made if it is proved that consent of the Petitioner was obtained by force or fraud.…
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
…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: 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: 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…