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…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 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.…

…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.…

…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.…

…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.…

….................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.…

…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.…

…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…

…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…

…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…