a) an action or a conduct consisting in a knowing misrepresentation
made with the intention that the person receiving that misrepresentation
should act on it;
b) the misrepresentation resulting in the action or conduct;
c) an action or a conduct in a misrepresentation made recklessly
without any belief in its truth, but made with the intention that the
person receiving that misrepresentation should act on it, and so on
and so forth.
It was further held that a fraudulent action or conduct conveys an element
of deceit to obtain some advantage for the owner of the fraudulent action,
or conduct, or another person, or to cause loss to any other person. In
fraud, there must be a deceit or an intention to deceive; flowing from the
fraudulent action or conduct to the victim of that action or conduct. An
offence is said to be committed fraudulently, in the context of the instant
case, if the action or conduct is a deceit to make, obtain or procure money
illegally. By the fraudulent action or conduct, the accused deceives his
victim by pretending to have abilities or skills that he does not really have.
In one word, he is an imposter. In Vulcan Gases Ltd. v. G. F. Ind. A. G.
[2001] 9 NWLR [Pt. 719] 610, it was held that fraud, in most cases, involves
dishonesty. Actual fraud takes either the form of a statement which is false
or a suppression of what is true.
In the instant case, I have already found that when the defendants made
representation to PW1 that they had a plot to sell, they knew that it was
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