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did so fraudulently. As I deal with this question it is pertinent to define the term fraud and
fraudulent.
In Frederick J.K Zaabwe (supra) a very elaborate definition of fraud was given from Blacks
Law Dictionary 6th Edition Page 660 as follows:“An intentional perversion of truth for the purpose of inducing another in
reliance upon it to part with some valuable thing belonging to him or to
surrender a legal right. A false representation of a matter of fact, whether by
words or by conduct, by false or misleading allegations, or by concealment of
that which deceives and is intended to deceive another so that he shall act upon
it to his legal injury. Anything calculated to deceive, whether by a single act or
combination, or by suppression of truth, or suggestion of what is false, whether
it is by direct falsehood or innuendo by speech or silence, word of mouth or look
or gesture…………….A generic term, embracing all multifarious, means which
human ingenuity can devise, and which are resorted to by one individual to get
advantage over another by false suggestions or by suppression of truth, and
includes all surprise, trick, cunning, dissembling, and any unfair way by which
another is cheated, dissembling, and any unfair way by which another is
cheated. “Bad faith” and “fraud” are synonymous, and also synonymous of
dishonesty, infidelity, faithlessness, perfidy, unfairness, etc.………….
As distinguished from negligence, it is always positive, intentional. It comprises
all acts, omissions and concealments involving a breach of a legal or equitable
duty and resulting in damage to another. And includes anything calculated to
deceive, whether it be a single act or combination of circumstances, whether the
suppression of truth or the suggestion of what is false whether it be by direct
falsehood or by innuendo, by speech or by silence, by word of mouth, or by look
or gesture…….”
The term fraudulent was also defined in the same case as:-
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