[2004] KEHC 906 (KLR)
The court found that, despite the absence of a written agreement, the conduct and correspondence between the parties' advocates demonstrated a clear agreement to compromise the suits for KES 749,080. The court was satisfied that both advocates, acting within their authority, reached a binding compromise on behalf of...
Source-derived case information.
- Citation
- [2004] KEHC 906 (KLR)
- Parties
- Plaintiff: Lukas Otieno Odete; Defendant: Kipkebe Limited
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 4 of 2002
- Procedural Posture
- Civil Suit / Ruling on Application to Declare Suit Compromised
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lukas Otieno Odete
Plaintiff
Kipkebe Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Declare Suit Compromised
Legal Issues
- 1 Whether the suit was compromised by agreement between the parties' advocates.
- 2 Whether payment of KES 749,080 constituted full settlement of the plaintiff's claims.
- 3 Whether a written agreement is necessary to effect a compromise of a suit.
Ratio Decidendi
The court found that, despite the absence of a written agreement, the conduct and correspondence between the parties' advocates demonstrated a clear agreement to compromise the suits for KES 749,080. The court was satisfied that both advocates, acting within their authority, reached a binding compromise on behalf of their clients. The subsequent demand for an additional KES 150,000 by the respondent's advocate was inconsistent with the earlier agreement and the payment already made. Therefore, the court held that the suit had been fully settled and compromised as per the agreement between the advocates, and the application was allowed as prayed.
Court Disposition
Application allowed; suit declared compromised and settled.
Orders
- The suit is declared compromised and fully settled upon payment of KES 749,080.
- No further sums are payable by the defendant to the plaintiff in respect of this suit.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CIVIL SUIT NO.4 OF 2002
LUKAS OTIENO ODETE ………………………….…. PLAINTIFF/RESPONDENT VERSUS KIPKEBE LIMITED …………………………………….. DEFENDANT/APPLIANT RULING: 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