Search court decisions

…relief has been obtained therein and that just as other judgement holders/creditors, if successful, the claim would lawfully entitle the 1st Defendant to receive distributions from the Plaintiff or from a new Qualified Settlement…

…He states that he was a stranger to the deliberations by the Respondents in making the oral application to have an out-of-Court settlement and the said orders which culminated in the Court directions for out-of-Court settlement…

…violated if the Court does not set aside the directions for out of Court settlement.…

…For determination is a Motion dated 5 February 2025 by the applicants seeking orders: (i) THAT the amount of Kshs 179,423/- be deposited in Court as the full and final settlement of the judgment debt as expressly indicated…

…The applicants urged in their submissions that since the Respondent had rejected settlement cheques offered to him through his advocates, it was open to them to settle the decree in terms of Order 22 Rule 1 of the Civil Procedure…

…Following the succession case Mary James was issued with a certificate of succession which she signed before the Kilifi Settlement Officer effectively becoming the proprietor of the plot.…

…She also started to repay the Settlement Fund Trustees loan.…

…The respondent avers that being an alternative dispute resolution mechanism, the settlement arrived at the Labour Office in Kisumu was negotiated and the grievants signed the certificate of final settlement as regards any…

…In those circumstances the trial court did not err in finding that the appellant is estopped from denying the settlement. The appellant would have done better enforcing the settlement rather than filing a fresh suit.…

…After the termination, the respondent was paid terminal dues and she acknowledged by signing two settlement/discharge agreements. 4.…

…Therefore, the appellant averred that the suit was not merited in view of the said settlement agreement. 5.…

…The first instalment referred to as settlement amount A was Kshs. 9,456, 163.30 and second settlement, namely settlement B was Kshs. 1,055,396.10.…

…The settlement amount A was paid to the claimant on 1st February, 2017 and settlement B was payable on or before 1st May, 2017. The settlement B was however not paid as agreed, prompting the suit. 8.…

…She avers that Counsel informed her that he had collected her compensation from the Respondent, and asked the Applicant to sign a discharge voucher for KShs.40,000/=, in full and final settlement of the decretal sum. 5.…

…It states that it was imperative that the appeal be withdrawn upon settlement of the decretal sum as agreed by parties, and that indeed, the appeal was withdrawn vide notice of withdrawal dated 31.1.2023. 12.…

…The applicants have disputed the earlier payments in settlement of the fee noted and want to ignore them.…

…The respondent filed a Supplementary Affidavit of Eric Parmet averring that cheque No.011130 dated 1 December 2020 was for the settlement of fee note dated 24 November 2020 in Mombasa ELRC Cause No.23 of 2020, not Kwale CMCC…

…The parties held various meetings to reach the Settlement Agreement, including one on 19 January 2023.…

…The claimant has filed the Settlement Agreement of 13 July 2023.…

…The instant application should be dismissed as the applicant has failed to disclose the payment made in the settlement. Both parties attended court and made oral submissions.…

…The alleged settlement of the award has not been communicated to the applicant’s advocate hence there is no payment. The respondent submitted that parties were keen to record a consent. No Consent was filed.…

…that the Applicant proposed to settle the decretal sum in three monthly instalments, and which proposal was accepted by the Claimant and that the Applicant proceeded to issue cheques staggered through the three months in settlement…

…Order 21 Rule 12 of the Civil Procedure Rules provides for settlement of a decree by way of instalments in the following words:- “Where and is so far as a decree is for payment of money, the court may for any sufficient reason…

…According to Counsel, all the Court was required to do was to give effect to the intention of the parties as discerned from the settlement agreement. Counsel further relied on the case of Damondar Jihabhai & Co.…

…The Court further failed to uphold the appellant’s agreement with the respondent which led to money being paid to the respondent in settlement of the claim. The respondent did not file any submissions.…

…The court was called upon to consider the jurisdictional issue of the trial court, settlement agreement dated 23rd June, 2016 and grounds of Appeal. 3.…

…The judge did not consider unjust enrichment by the Respondent who had been paid Kshs 203,435/= as settlement in full. 6.…

…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.…

…the second review of the applicant yielded assessment of 2percent degree of permanent incapacity and therefore the demand by the Director for payment of Kshs.642,265.50 was erroneous and without merits in view of consent settlement…

…One year after the assessment of the damages payable by the Director, the respondent prepared a Discharge Voucher for payment of Kshs.101,397 as full and final settlement of the applicant’s claims and damages.…

…The Claimant/Respondent states that he admits attending a consultative meeting with the Respondent/Applicant held on 15/9/2023 aimed at reaching a mutual settlement on the matter, but whose deal breaker was the requirement…

…The Applicant has both in its supporting affidavit and the submissions intimated an out of court settlement process that was on-going between the parties, as the ground for which it failed to defend the suit. 23.…

…There will be prejudice against the respondents if the execution proceedings are allowed to proceed while there is the full settlement of the decretal sum.…

…The claimant, with malice applied for warrants of attachment despite knowing the consent and settlement. The application should be allowed with costs.…

…He further confirmed that a settlement was reached pursuant to which he received payment for the remainder of his contract term. 54.…

…He acquiesced to the settlement and should live by his decision. 55.…