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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.…

…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…

…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…

…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.…

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

…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.…

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