Case law
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Division and case type: High Court DivCivil Appeal
…Setting aside an order or decree arising out of a settlement agreement (1) No application for setting aside of an order or decree arising from a mediation settlement agreement shall be filed except with the leave of court…
…The Settlement Agreement report was apparently filed in court the same day, 18 th November 2024, which is comendable. The Settlement Agreement indicates all the parties executed the Settlement Agreement.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On the 18.7.2022, the appellant and his former employer voluntarily executed a mutual settlement agreement.…
…The argument by the appellant that the mutual settlement agreement was merely a negotiation on terminal dues and therefore did not negate the redundancy is defeated by the unequivocal terms of Clause 6.7 of the mutual settlement…
Division and case type: High Court CivilCivil Appeal
…Ndururi delivered on 15th December 2022, where the main dispute arose from the Mediation Settlement Agreement dated 13th December 2018. 2.…
…Ndururi severed the Mediation Settlement Agreement into two parts, being; (i) the settlement of the debt owed by the Appellant to the Respondent, and (ii) the mode of payment through the sale of specific parcels of land,…
Division and case type: High Court DivCivil Appeal
…The said rules are silent on the issue of setting aside of a mediation settlement agreement but rule 14 thereof provided that the settlement agreement be adopted as an order of the court within 10 days of conclusion of the…
…In this case, the settlement agreement was adopted on 26th March 2021, 5 months later and it became the judgment of the court.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In its Statement of Claim, the Respondent averred that the Appellant, in a Settlement Agreement dated 03.05.2021 (“the Settlement Agreement”) admitted to misappropriating Kshs. 1,200,000.00 in the course of her employment…
…Based on the factors vitiating the Settlement Agreement at its inception and at its performance, the Appellant urged that the court to discharge her from the Settlement Agreement and to dismiss the Respondent’s claim with…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…So that in case he was still desirous to benefit from the early settlement clause his calculation of the loan due would move to the second option of the early settlement clause which was pay interest for the loan period (…
…In this case therefore, the Borrower did not have the benefit of the 3 months early settlement clause. He could therefore only calculate the loan due to early settlement using the second option.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 23rd October 2020, the insurer paid the settlement amount of Kshs. 4,110,840.00 directly into the Appellant's loan account held with the Respondent, which sum the Respondent applied in its entirety towards settlement of…
…settlement constituted restitution for the theft, and that the Appellant had not defaulted on its monthly instalments. 13.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: High Court DivCivil Appeal
…Where the deceased’s remains should be laid - it is submitted that the trial court decided on Plot No. 2214 Kaunguni Settlement Scheme.…
…Two spaces have been proposed: Plot 558 at Kaunguni Settlement Scheme belonging to the deceased and plot no. 2214 said to belong to the 1st defendant.…
Division and case type: High Court CriminalCriminal Appeal
…Whether the parcel Nyansiongo Settlement Scheme/662 forms part of the estate of the deceased or was separate property already distributed inter vivos.…
…Ownership of Nyansiongo Settlement Scheme/662 Evidence by PW1 and DW1 confirmed that their deceased father, Chweya Orina , had subdivided his property Nyansiongo Settlement Scheme/11 into seven parcels (Nos. 664–670) for…
Division and case type: High Court CivilCivil Appeal
…Whether the parcel Nyansiongo Settlement Scheme/662 forms part of the estate of the deceased or was separate property already distributed inter vivos.…
…Ownership of Nyansiongo Settlement Scheme/662 Evidence by PW1 and DW1 confirmed that their deceased father, Chweya Orina , had subdivided his property Nyansiongo Settlement Scheme/11 into seven parcels (Nos. 664–670) for…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 24th June 2024 the Court directed the advocates on record to consult with their respective clients with a view of recording a possible settlement on costs.…
…It was it’s further submission that the letter dated 26th September 2023 was a settlement proposal which has not been honoured to date.…
Division and case type: High Court CriminalCriminal Appeal
…Nyansiongo Settlement Scheme/10 purporting it to be a genuine sale agreement between him and the late Elijah Ongoro Mogaka.…
…Nyansiongo Settlement Scheme/10 purporting to be a genuine sale agreement between him and the late Elijah Ongoro Mogaka.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In a telephone discussion held on the 6th March 2020, you advised that your clients had confirmed the settlement terms verbally and that you were waiting for their written instructions.…
…In the letters of acceptance by the defendants, it was agreed that the proposed sums would be accepted in full settlement but upon satisfaction of several conditions.…
Division and case type: High Court CivilCivil Appeal
…The partial settlement Agreement was duly adopted by the court on 7 th September, 2023 . 7.…
…It is not in dispute that the parties herein entered into a partial Mediation Settlement Agreement dated 12 th July 2023 .…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: High Court DivCivil Appeal
…The Appellant contended that it proved the claim through documents including an assessor’s report, invoice, and credit notes evidencing settlement/payment to the service providers. 8.…
…perusal of the record reveals that the Appellant tendered an assessor’s report detailing the nature and extent of damage, the repair invoice(s), as well as credit notes emanating from the service provider(s) confirming settlement…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…For me therefore, the SCC is a court where parties go for a negotiated settlement.…
…its coercive power brings authority to bear upon the parties and complete the settlement in a timely manner (see section 3(a) of the Act).…
Division and case type: High Court CivilCivil Appeal
…claim wherein he paid Kshs. 40,000 in full and final settlement thus the claim was extinguished and that he no longer owed the respondent.…
…He annexed a document showing that the plaintiff’s counsel S.M.Onyango &Associates received Kshs 40,000 in settlement of decree although the relevant court case for which decree was being settled was not disclosed. 4.…
Division and case type: High Court DivCivil Appeal
…The respondent said in evidence that she was never paid any money in settlement of the case by her former advocate.…
…The respondent denied knowledge of such settlement.…