[2004] KEHC 2311 (KLR)
The court found that, despite the absence of a written agreement signed by both parties, the correspondence and conduct of counsel demonstrated that a binding compromise was reached. The letter from Ms Muthiga to her client confirmed the existence of discussions and an agreement to settle all suits for KES 749,080....
Source-derived case information.
- Citation
- [2004] KEHC 2311 (KLR)
- Parties
- Plaintiff: Lukas Otieno Odete; Defendant: Kipkebe Limited
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 4 of 2002
- Procedural Posture
- Civil Suit / Ruling on Application to Declare Suit Compromised and Settled
- Outcome
- application allowed; suit declared compromised and settled
- Legal Topics
- Compromise of Suit, Settlement Agreements, Authority of Advocates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lukas Otieno Odete
Plaintiff
Kipkebe Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Declare Suit Compromised and Settled
Legal Issues
- 1 Whether the suit was validly compromised by agreement between counsel for the parties.
- 2 Whether payment of KES 749,080 constituted full and final settlement of the plaintiff's claims.
Ratio Decidendi
The court found that, despite the absence of a written agreement signed by both parties, the correspondence and conduct of counsel demonstrated that a binding compromise was reached. The letter from Ms Muthiga to her client confirmed the existence of discussions and an agreement to settle all suits for KES 749,080. Both advocates were acting within their authority, and their clients are bound by the compromise. The payment of KES 749,080 constituted full and final settlement of the plaintiff's claims, and the suit is deemed compromised and settled.
Court Disposition
application allowed; suit declared compromised and settled
Orders
- The application is allowed as prayed.
- The suit is declared compromised and fully settled upon payment of KES 749,080.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISIICIVIL SUIT NO.4 OF 2002LUKAS OTIENO ODETE ……………………………..…. PLAINTIFF/RESPONDENTVERSUSKIPKEBE LIMITED ……………………………………….. DEFENDANT/APPLIANTRULING:
The Applicant/Defendant applies to court to order that the suit has been compromised and the sum of shs.749,080/= paid to plaintiff’s lawyers have fully settled the suit. It was submitted that the plaintiff had three suits against the defendant. Judgments were entered in his favour all totaling to shs.899,080/=. There after there were discussions between Ms Muthiga for the applicant and Mr. Mudeyi of M/s Khan & Katiku advocates for the respondent and it was agreed that the three suits be compromised by the defendant paying shs.749,080/=. This money was duly paid. However later counsel for the respondent wrote demanding the balance of shs.150,000/=. Ms Muthiga submitted that she had written to her client explaining the agreement and that is why he paid.
Mr. Mudeyi said there was no such agreement and they had no instructions to compromise the suit. He said there was no written agreement. Indeed there was no written agreement. However it was clear that there was a meeting between Mr. Mudeyi and Ms Muthiga where they discussed the payment. Ms Muthiga wrote to her client on 17th December 2002. Informing them about the discussion and the agreement. She could not have written that letter annexture ‘RKM1’ – if there was no such discussion and agreement. I am satisfied that the two counsels compromised the suits. Both lawyers were representing their clients who are bound by the agreement. In the circumstances the application is allowed as prayed.
KABURU BAUNI JUDGE 26/7/04 Delivered on 26/7/04. Mr. Ogari holding brief for Ms Muthiga for respondent.
KABURU BAUNI JUDGE