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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.…

…Section 10 of the Act relates to settlement of disputes among officers or members of a group ranch and it provides as follows:- “10(1) If it appears to the Registrar that there has been a dispute among the officers or members…

…of a group so that he is not satisfied as to who are the officers of the group, the Registrar may in writing require the officers of the group to produce to him evidence of either – (a) the settlement of the dispute and…

…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 defendant’s counsel allegedly later resiled from the settlement. The above application was thereby provoked. The motion first came for a hearing on 25th April, 1989.…

…Nor can it be treated to apply only in cases where an attempted settlement is unsuccessful.…

…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…

…It has crossed my mind that the defendant is bent to delay settlement of this matter.…

…As regards the delay in prosecuting the application a perusal of the record shows that the parties were discussing a settlement or proposals for payment and as such the fault did not lie on the plaintiff alone.…

…The application was listed for hearing when a settlement did not materialise.…

…Section 76 of the Co-operatives Act 1997 is on settlement of disputes and in my view what is complained of in this matter should be settled pursuant to Section 76 of this Cooperative Societies Act.…

…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.…

…After the close of the pleadings in this court there is an entry by the late Mr Justice Sheridan, the resident judge in Mombasa, on May 23 1977 when the suit was due to proceed to trial but Mr Macharia Muhuni told him a settlement…

…A bundle of ten photocopies of letters on the settlement were put in by consent at the beginning of the hearing of this suit.…

…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?…

…The lawyers were to remit the proceeds of thesale to the plaintiff company in settlement of the loan.…