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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 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.…

…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…

…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.…

…it they contended, inter alia, that the plaint discloses no cause of action, that either during the period stated or at any other time, Mohamedali Nazerali Jiwa was a proprietor of the parcel of land, that by a deed of settlement…

…27th, 1956, a Mrs Kulsumbai Nazerali, the registered proprietrix of the parcel of land created a trust in respect of the parcel of land and appointed a principal, first defendant and one Nazerali Jiwa joint trustees of the settlement…

…NO. 4972 OF 1987) ***************************************** JUDGMENT OF THE COURT This appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement…

…The insurer when negotiating a settlement or defending a claim steps into the shoes of the insured under the subrogation rights granted to the insurer in the contract (policy) of insurance.…

…Something might depend on the terms of the settlement, whereby the Plaintiff was reinstated in his work as from the 1st January, 1986.…

…Hence the terms of the settlement arranged by Mr Wanjohi should have been pleaded and proved so as to state what the liability of the employer was after the reinstatement.…

….................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.…