Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
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: Employment and Labour RelationsCase number Cause
…However, on 29th November, 2003, the parties met and entered into a memorandum of an amicable settlement of the matter, which was duly signed by Mr. Freddie Kiuru, General Manager, on behalf of the Company, and Mr. J.B.…
Division and case type: CivilCivil Case
….................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.…
Division and case type: CivilCivil Case
…That the defendants have made payment proposals any settlement was not always honoured.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Suit
…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.…
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: Constitutional and Human RightsPetition
…s auditors and appointed another firm of auditors as the former auditors insisted that the Directors remuneration should be shown in the Company’s annual balance sheets; that there have been negotiations for an amicable settlement…
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 Case
…the 1st plaintiff attempted to create an imaginary trust over the suit land as a false way of depriving the defendant of his land properly given to him as share to the 1st household by the 1st plaintiff in his lifetime in settlement…
…of a normal legal and customary share of property settlement in the family.…
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
…Clearly there existed triable issues in this case not the least of which was as to the acreage of the land offered for settlement as the Affidavits and exhibited correspondence filed in the High Court in support of and against…
Division and case type: CivilCivil Appeal
…It is part of the Kenya culture pertaining to settlement of controversies.…