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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 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.…

…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.…

….................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.…

…the 1st plaintiff attempted to create an imaginary trust over the suit land as a false way of depriving the defendant of his land properly given to him as share to the 1st household by the 1st plaintiff in his lifetime in settlement…

…of a normal legal and customary share of property settlement in the family.…

…Has the defendant paid mutually agreed compensation to the plaintiff in full and final settlement? 6. What is the order as to costs?…

…No. 74: Settlement, Agreement between the bank and 3rd plaintiff dated 4.1.85. Doc. No. 74A: Letter from 3rd plaintiffs advocates to bank advocates enclosing a bankers cheque for Shs.3,514,562/=. Doc.…

…Nos. 76, 77 and 78: Settlement Agreement and copy of the cheque for the 5,060,696/= paid by the second plaintiff to the bank.…

…Proper service within the laid down time regime ensures speedy settlement of election petitions – a matter of great public interest and matters the public is interested in as much as the parties; there should be no postponement…

…As to the conduct of the parties for the purposes of the interlocutory relief, I find that by coming to the Court without accepting the Headmistress’ invitation of the children’s parents to the school for settlement of the…