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…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.…

…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.…

…these circumstances Mr Patel’s argument that I cannot grant the application for appointment of a new arbitrator in view of the fact that there should be no arbitration in the first place is wrong, and the quickest step to settlement…

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

…There was a Saturday and Sunday separating November 22 and 25 which we hoped might help the parties to negotiate a settlement on terms that secured the Bank’s and KCFC’s loan repayments.…

…There was a Saturday and Sunday separating November 22 and 25 which we hoped might help the parties to negotiate a settlement on terms that secured the Bank’s and KCFC’s loan repayments.…

…22,099,075.00 (c) Furniture - Kshs 89,843.00 (d) Transport expenses - Kshs 110,000.00 Total - Kshs 65,222,543.00 Rebate Kshs 9,570,000.00 Net Total - Kshs 55,652,543.00 The letter ended by saying that they will appreciate a quick settlement…