Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Appeal
…Zackary Orwa on behalf of the Minister of Lands and Settlement, in the exercise of the powers under the provisions of sections 29(1) of the Land Adjudication Act (Cap 284, Laws of Kenya) ordered that land parcel number 1080…
Division and case type: CivilCivil Appeal
…One of the four cheques was intended for the settlement of his petrol bill.…
…The point is that nowadays non-traders write cheques in settlement of their bills In my judgment the trial Judge did not adequately consider the ill-effect of the bank’s wrongful acts on the reputation of the appellant.…
Division and case type: CivilCivil Appeal
…August, 1985) in HCCC No 3350 of 1984) ********************************* JUDGMENT On 17th July, 1974, the appellant filed a suit in the High Court at Nakuru seeking the 1st respondent’s eviction from plot No 16 Ndaragwa Settlement…
Division and case type: CivilCivil Appeal
…on the letter head of Toplis and Harding Kenya Limited which read as follows: “Subject to the directors of the Kenya Aliance Company Limited admitting liability we hereby offer to accept the sum of Kshs 781,219 in full settlement…
Division and case type: CivilCivil Appeal
…That while the rst and second plaintis were making arrangements to collect the deceased remains from Lee Funeral Home for burial at the deceased’s home at Kaptagat Settlement Scheme , Plot No.36, Eldoret, the defendant…
…Sakina and her children live on a 40-acre farm in Kaptagat Settlement Scheme which the deceased’s father, Alhaji Salim Chepkaittany, acquired for the deceased in 1964, and is registered in the deceased’s name. 3.…
Division and case type: CivilCivil Appeal
…It is part of the Kenya culture pertaining to settlement of controversies.…
Division and case type: CivilCivil Appeal
…The appellants showed little, if any, respect for the contract which was the basis upon which either party or both could refer the settlement of disputes to arbitration.…
Division and case type: CivilCivil Appeal
…There was no settlement of dowry, and the clans never met for any kind of dowry. She used her maiden name throughout. Three witnesses gave evidence on behalf of Mary Njoki.…