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…The land in question was a parcel in the Endarasha Settlement Scheme.The Settlement Fund Trustees had allocated No 410 to the appellant Karuru Munyororo.…

…In fact the respondent did pay off the loans and the chief accountant of the Settlement Fund Trustees acknowledged the payment of Kshs 12,800.75 on May 5, 1980.…

…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 trial magistrate did not enquire why the parties had not appeared before her on 4th November 1992 to record their settlement as previously ordered.…

…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.…

…Block 1/322 had been bequeathed to the respondent only on the basis that the deceased had allegedly handed over the title to the said land to the respondent despite the absence of either a written or oral will or actual settlement…

…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…

…As to the conduct of the parties for the purposes of the interlocutory relief, I find that by coming to the Court without accepting the Headmistress’ invitation of the children’s parents to the school for settlement of the…