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

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

ALLEGATION OF FRAUD NOT PARTICULARISED IS USELESS AND CANNOT SUCCEED

This is because in law, an allegation of fraud requires that the particulars of fraud be set out to confer any modicum of seriousness on such an allegation of fraud to warrant further enquiry into it at trial. In other words, unless and until an allegation of fraud is, expressly, made and supported by its...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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)

Was this dictum helpful?

WHERE FRAUD, COURT WOULD LIFT THE VEIL OF INCORPORATION

FDB FINANCIAL SERVICES LTD. v. ADESOZA (2002) 8 NWLR (Pt. 668) 170 AT 173, the Court considering the power of a Court to lift the veil of incorporation held thus: “The consequences of recognizing the separate personality of a company is to draw a veil of incorporation over the Company. One is therefore generally not entitled to go behind or lift this veil. However, since a statute will not be allowed to be used as an excuse to justify illegality or fraud it is a quest to avoid the normal consequences of the statute which may result in grave injustice that the Court as occasion demands have to look behind or pierce the corporate veil.”

Was this dictum helpful?

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.”

Was this dictum helpful?

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) Was this dictum helpful? Yes 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

FRAUD MUST BE SPECIFICALLY PLEADED

Reach more audience. Place advert here.

Was this dictum helpful?

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

Membership Required

ALLEGATION OF FRAUD NOT PARTICULARISED IS USELESS AND CANNOT SUCCEED

Membership Required

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

Was this dictum helpful?

WHERE FRAUD, COURT WOULD LIFT THE VEIL OF INCORPORATION

Was this dictum helpful?

FRAUD VITIATES; FRAUD MUST BE PLEADED AND PROVED STRICTLY

Was this dictum helpful?

FRAUD IN CIVIL SUIT MUST BE SPECIFICALLY PLEADED

Membership Required