Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In that case, it is my thinking that broadly a claim before the SCC would largely proceed by way of negotiation for settlement rather than a trial.…
…The SCC would be the place where ADR taking the form of negotiation would be the primary mode of disposal of the disputes.…
Division and case type: High Court CivilCivil Suit
…Ms Kori further deposed that the negotiations were conducted on a without prejudice basis and the documents relied upon were therefore inadmissible. 6.…
…Mr Kongere urged that the negotiation between the parties was made on a without prejudice basis and could not form the basis of a new application.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In that regard, it is my thinking that broadly a claim before the SCC would largely proceed by way of negotiation for settlement rather than a trial.…
…The SCC would be the place where ADR taking the form of negotiation would be the primary mode of disposal of the disputes.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In that regard, it is my thinking that broadly a claim before the SCC would largely proceed by way of negotiation for settlement rather than a trial.…
…The SCC would be the place where ADR taking the form of negotiation would be the primary mode of disposal of the disputes.…
Division and case type: CivilCivil Suit
…But in May he entered into negotiations withthe defendant's managing director..…
Division and case type: Anti-CorruptionCivil Appeal
…The respondents were initially retained to act for the London Bank and the Acceptances during the negotiations and the preparation of the loan agreement and security documents. 4.…
…As this letter is also relevant in the negotiations, I reproduce it’s contents hereunder:- “East African Acceptances Ltd Stanbank House Nairobi Dear Sirs, Galot Industries Ltd Purchase of LR Nos 1337 and 1338/2.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…A reading of the content of the correspondence demonstrates an inchoate discussion or negotiation that required a reply from the respondent to enable the parties to pursue a way forward.…
…of the parties in the event that the negotiations failed.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appellant ‘s case is that the redundancy notice was the operative document triggering the insurance claim under the policy and that the subsequent mutual settlement agreement was merely a negotiation on terminal dues…
…A defining Clause No.6.7 stipulated that the agreement constituted the entire understanding between the parties and superceded all prior correspondence, negotiations and agreements relating to the subject matter.…
Division and case type: High Court DivCivil Appeal
…The negotiations shall be conducted by the ad hoc evaluation committee appointed in accordance with section 104 (b) of the Act. 4.…
…The ad hoc evaluation committee responsible for negotiation under paragraph (3) may negotiate on terms that include— a. price; b. terms of contract; c. terms of delivery; d. scope of work or service. 5.…
Division and case type: CivilCivil Appeal
…On receipt of the certificate the appellant entered into negotiations with the Attorney-General until 1981 when the negotiations failed.…
…Protracted negotiations with the Attorney-General for payment of damages are not to be taken lightly. Practicing advocates do take such negotiations seriously.…
Division and case type: High Court DivCivil Suit
…Clause 26 states mandatorily that ------ “(a dispute) shall be (A) initially settled within 10 days by mutual discussions, negotiations and agreement between a negotiation team comprising of persons nominated by either party…
…The applicant has not tendered evidence to prove that the parties attempted to settle the dispute if any through negotiations and that the negotiations failed.…
Division and case type: High Court CivilCivil Suit
…Nyang’wara averred that it was clear in the consent Judgment and particularly in clause (d) that parties were to negotiate on the same but the talks have not taken place though the defendant has always been keen on the negotiations…
…agreement , as per clause (e ) of the consent dated 6.9.2019, the applicant is thus rightly before this court for it to make a determination on the issue of interest under section 26 of the Civil procedure Act as the time for negotiation…
Division and case type: High Court CivilCivil Suit
…Nyang’wara averred that it was clear in the consent Judgment and particularly in clause (d) that parties were to negotiate on the same but the talks have not taken place though the defendant has always been keen on the negotiations…
…agreement , as per clause (e ) of the consent dated 6.9.2019, the applicant is thus rightly before this court for it to make a determination on the issue of interest under section 26 of the Civil procedure Act as the time for negotiation…
Division and case type: High Court DivCivil Appeal
…Further, upon issuance of the tender documents by the Accounting Officer, the said documents shall form a basis for negotiations.…
…My Lord the above-mentioned exhibits were never issued by the Accounting Officer of the Appellant herein and the same cannot form basis for negotiation in direct procurement. 17.…
Division and case type: CivilCivil Appeal
…Indeed in this case there is less need to protect the defendant because nearly half the sum will have been paid and the balance was at one stage open to negotiation to reduce it.…
Division and case type: CivilCivil Appeal
…After negotiation he agreed to sell to him the said property at the price of Shs 1.75 million. On 17th January 1985 he signed the agreement in the presence of Mr Gibson Kuria, advocate, who acted for both the parties.…
…And in his own evidences the appellant conceded that the negotiation took place with the second respondent and he agreed to sell the property to him (emphasis supplied).…
Division and case type: High Court DivCivil Appeal
…hereto with regard to interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, the Parties shall in the first instance attempt to resolve such dispute by amicable negotiation…
…Should such negotiations fail to achieve a resolution within fifteen (15) days of notification (in writing) of the dispute to the other Party, either Party may declare a dispute by written notification to the other, where…
Division and case type: High Court CivilCivil Appeal
…The Appellant further stated that following negotiations, the parties agreed that the project would be completed at a cost of Ksh.500,000/-.…
…A quotation is not a contract, although it could be a document for negotiation but once a contract is signed, then the contract supersedes the quotation made prior to the contract.…
Division and case type: High Court CivilCivil Suit
…11.2 of the Agreement, whose contents are not disputed by the parties, which provides thus: “11.1 Dispute or disagreement arising during the interpretation or execution of the contract shall be settled through amicable negotiation…
…firstly. 11.2 If the amicable negotiation fails, any dispute, controversy or claim arising out of or relating to this Agreement, including any question regarding its existence, validity or termination, shall be referred…
Division and case type: High Court DivCivil Appeal
…The Appellant asserted that it played no role in the formation, negotiation, or execution of the contract between the 1st Respondent and Aventt Transit Road Logistics Limited.…
…It contended that all communications during the negotiation and signing of the agreement were made in good faith and were not misleading or fraudulent.…