Judgment
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 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 Case
…counsel for the Plaintiff submitted that the speed within which the land was sold to the 2nd Defendant and transacted through the lands office was reflecting the actions of a man who was aware that he was committing some fraud…
Division and case type: FamilySuccession Cause
…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…