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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.…

…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…

…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.…

…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…

…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…

…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.…

…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.…

…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?…

…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…

…BB - Credit terms strictly thirty days from date of invoice subject to settlement of total amount in respect of 500 MT fuel oil lifted in late August 1988 ex kot.…