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…It would appear that after the suit was filed in Court parties entered into negotiations to attempt an out of Court settlement of the matter and there was a discharge of indemnity voucher signed by the plaintiff/applicant…

…That pursuant to the settlement, the plaintiff/applicant executed a discharge voucher in favour of the defendant/respondent and his insurance company which document is annexed to the application.…

…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…

…Mr Kabuki, the advocate, who signed that consent settlement on behalf of the 3 objectors testified in the present objection proceedings to the effect the objector herein was one of his three clients on whose instructions…

…The plaintiff now claims the outstanding amount due under the settlement.…

…If the defendant wishes to resist the enforcement of the settlement of the plaintiff’s claim, it must attack the settlement itself by seeking to show that the settlement was procured by some fraud or fraudulent misrepresentation…

…The land in question was a parcel in the Endarasha Settlement Scheme.The Settlement Fund Trustees had allocated No 410 to the appellant Karuru Munyororo.…

…In fact the respondent did pay off the loans and the chief accountant of the Settlement Fund Trustees acknowledged the payment of Kshs 12,800.75 on May 5, 1980.…

…Those were plot numbers 211 and 10919 in Kaptagat Settlement Scheme.…

…/Kaptagat/252 18 acres which was sold in 1985 at Shs 6,000/- per acre, (iii) 48/Lelmolk settlement Scheme, 5 acres which was sold on 18th December 1985 at Shs 4,000/- per acre; and (iv) Plot No. 129 Mvita Settlement Scheme…

…The reasons being that the parties were negotiating on out of court settlement. The advocate for the plaintiff denied any knowledge of such settlement or any at all.…

…The parties were given time to verify their facts and to return to court to either record a settlement or to continue with hearing. After adjournment the hearing proceeded on 10.5.99 and adjourned to 11.5.99.…

…it they contended, inter alia, that the plaint discloses no cause of action, that either during the period stated or at any other time, Mohamedali Nazerali Jiwa was a proprietor of the parcel of land, that by a deed of settlement…

…27th, 1956, a Mrs Kulsumbai Nazerali, the registered proprietrix of the parcel of land created a trust in respect of the parcel of land and appointed a principal, first defendant and one Nazerali Jiwa joint trustees of the settlement…

…NO. 4972 OF 1987) ***************************************** JUDGMENT OF THE COURT This appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement…

…The insurer when negotiating a settlement or defending a claim steps into the shoes of the insured under the subrogation rights granted to the insurer in the contract (policy) of insurance.…

…decretal sum, that no reasonable instalments had been proposed and that there have been several efforts made in the past to look for the defendant and assets of it that granting the prayers sought will greatly delay the settlement…

…Full payment in settlement of the money owing to the plaintiff was expected to be made by August 22, 1984. No payment had been made to date.…

…Something might depend on the terms of the settlement, whereby the Plaintiff was reinstated in his work as from the 1st January, 1986.…

…Hence the terms of the settlement arranged by Mr Wanjohi should have been pleaded and proved so as to state what the liability of the employer was after the reinstatement.…

….................PLA INTIFFS VERSUS CONSOLIDATED BANK OF KENYA............................DEFENDANT R U L I N G The applicants seeks an order of injunction to restrain the defendant from selling by auction L.R Ntirimiti Settlement…

…Scheme/244 L.R No Ntirimiti Settlement Scheme/529 LR No.…

…That the defendants have made payment proposals any settlement was not always honoured.…

…But in the replying affidavit sworn in this application by Mr Mwakiwiwi he deponed in paragraph 6 that he and the plaintiff’s counsel: “Had preliminary negotiations for settlement of the suit but such negotiations remained…

…These are the fundamental questions which must be posed in conclusion:- (a) If the defendant had an arguable defence which they now seek to have this Court to hear why had their Mr Mwakiwiwi embarked on the negotiations for settlement…

…security for costs be released to Meenye & company advocates on their professional undertaking to pay a sum of Shs.25,000/- being portion thereof to Hamilton Harrison & Mathews being their agreed costs in full and final settlement…

…The amount of settlement is shown as shs 338,190/= all inclusive.…

…It is clear then that the client is using the process of criminal law to enforce payment to him by his advocate of the funds paid to the advocate in settlement of the clients case.…

…Zackary Orwa on behalf of the Minister of Lands and Settlement, in the exercise of the powers under the provisions of sections 29(1) of the Land Adjudication Act (Cap 284, Laws of Kenya) ordered that land parcel number 1080…

…One of the four cheques was intended for the settlement of his petrol bill.…

…The point is that nowadays non-traders write cheques in settlement of their bills In my judgment the trial Judge did not adequately consider the ill-effect of the bank’s wrongful acts on the reputation of the appellant.…

…August, 1985) in HCCC No 3350 of 1984) ********************************* JUDGMENT On 17th July, 1974, the appellant filed a suit in the High Court at Nakuru seeking the 1st respondent’s eviction from plot No 16 Ndaragwa Settlement…

…on the letter head of Toplis and Harding Kenya Limited which read as follows: “Subject to the directors of the Kenya Aliance Company Limited admitting liability we hereby offer to accept the sum of Kshs 781,219 in full settlement…