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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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
The well laid down position of the law is that Courts do not rewrite contact for the parties where the terms of the contract are clear. In the absence of fraud, duress and undue influence, misrepresentation, the parties are bound by their contract. It is only parties to a contract that can sue and be sued on it.
– Rhodes-Vivour JSC. Alade v. Alic (2010)
One of the occasions when the veil of incorporation will be lifted is when the Company is liable for fraud as in the instant case. – Galadima JSC. Alade v. Alic (2010)
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)
Fraud vitiates even the most solemn of all transactions. In fact fraud vitiates everything even judgments and orders of the court. However, a contract or other transaction induced or tainted by fraud is not void but only voidable at the election of the party defrauded. See Western Bank of Scotland v. Addie (1867) L.R.Sc. & Div. 145. Until it is avoided the transaction is valid so that third parties without notice of the fraud may in the meantime acquire rights and interests in the matter which they may enforce against the party defrauded. See Oakes v. Torquand (1867) L.R. 2 H.L. 325,373; ReeseRiver Silver Mining Co. v. Smith (1869) L.R.4 H.L. 64; Carter and Kenderdine’s Contractual) 1 Ch. 776 and United Shoe Co. v. Brunei (1909) A.C. 330.
— Agbaje, JSC. Ugo v Obiekwe (1989) – SC.207/1985
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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