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THE STATUTE OF FRAUDS WILL NOT BE USED AS AN ENGINE OF FRAUD FOR WANT OF WRITING

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He is bound by his bond, notwithstanding that the transaction is not evidenced in writing. Generally, section 4 of the Statute of Frauds requires that a transaction dealing with interest in land should be by a note or memorandum in writing. On the application of the Statute of Frauds, the Full Court of Divisional Court of Nigeria refused to lay it down as a strict rule of law that land, the property of an illiterate native, cannot be disposed of by him without complying with statute. See Bintu Alake and Ashafa Lawal v. Awawu 11 NLR 39,40 and Ashabi Okoleji v. M.A. Okupe 15 NLR 28. The parties to the instant appeal, as can be garnered from the record of proceedings are illiterates and on those authorities, the fact that the transaction is not in writing is not prejudicial.

— Salami, JCA. Manya v Idris (2000) – CA/K/29/97

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FRAUD MUST BE SPECIFICALLY PLEADED

United African Company Ltd. v. Taylor (1934) 2 WACA 67 at 71, the Judicial Committee of the Privy Council said: “In the opinion of their Lordships there is no rule which is less subject to exception than the rule that charges of fraud and afortiori charges of criminal malversation or felony, against a defendant ought not to be made at the hearing of an action unless, in a case where there are pleadings, those charges have been definitely and clearly alleged so that the defendant comes into court prepared to meet them.”

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FRAUD VITIATES; FRAUD MUST BE PLEADED AND PROVED STRICTLY

In the Duchess of Kingston’s Case (1775-1802) All E. R. Rep. 623 at 629 De Grey C. J., held that: “…Fraud is an extrinsic, collateral act, which vitiates the most solemn proceedings of Courts of Justice. LORD COKE says, it avoids all judicial acts, ecclesiastical or temporal.” Again in Fabunmi vs. Agbe (1985) 1 NWLR (Pt. 2) 299, Obaseki, JSC held at page 319 paragraph “C” that: “…Fraud is a serious crime and in civil matters, the particulars must be pleaded and proved strictly.”

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FROM THE FACTS AND CIRCUMSTANCES OF THIS CASE IT SHOWS THAT ARBITRATION MAY BE MORE OPEN TO FRAUD

582. Regardless of my decision, I hope the facts and circumstances of this case may provoke debate and reflection among the arbitration community, and also among state users of arbitration, and among other courts with responsibility to supervise or oversee arbitration. The facts and circumstances of this case, which are remarkable but very real, provide an opportunity to consider whether the arbitration process, which is of outstanding importance and value in the world, needs further attention where the value involved is so large and where a state is involved. 583. The risk is that arbitration as a process becomes less reliable, less able to find difficult but important new legal ground, and more vulnerable to fraud. The present case shows that having (as here) a tribunal of the greatest experience and expertise is not enough. Without reflection, then a case such as the present could happen again, and not reach the court.

— R. Knowles CBE. FRN v. Process & Industrial Developments Limited [2023] EWHC 2638 (Comm)

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FRAUD IN CIVIL SUIT MUST BE SPECIFICALLY PLEADED

It is trite law that where fraud is alleged it must be specifically pleaded and the particulars of the fraud given in order to enable the party defending the allegation to understand the case he is facing and thereby prepare his defence.

– Amaizu, J.C.A. Adeniran v. Olagunju (2001)

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COMPANY WILL NOT BE USE AS AN INSTRUMENT OF FRAUD

It must be stated unequivocally that this court, as the last court of the land, will not allow a party to use its company as a cover to dupe, cheat and or defraud an innocent citizen who entered into lawful contract with the company, only to be confronted, with the defence of the company’s legal entity as distinct from its directors. Most companies in this country are owned and managed solely by an individual, while registering the members of his family as the share holders. Such companies are nothing more than one-man-business; hence, the tendency is there to enter into contract in such company name and later turn around to claim that he was not a party to the agreement since the company is a legal entity.

– MUNTAKA-COMASSIE JSC. Alade v. Alic (2010)

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WHEN IS THERE A FRAUD – WHAT IS FRAUD

Turning now to the meaning of “fraud” in connection with representations, it is firmly settled that whenever a man makes a false statement which he does not actually and honestly believe to be true, that statement is, for purposes of civil liability, as fraudulent as if he had stated that which he did not know to be true, or knew or believed to be false. So, in Derry v. Peek (1889) 14 AC 337 HL at 374, Lord Herschell in the judgment of the House of Lords succinctly stated that fraud is proved when it is shown that a false representation has been made by the representor (1) knowing, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false the third case being but an instance of the second.

– Iguh, JSC. Afegbai v. A.G Edo State (2001)

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