Philip Kioko Kathenge & another v Housing Finance Company [2014] KEHC 8751 (KLR)

Facts

The plaintiffs and defendant entered into a Settlement Agreement dated 12th July 2004, agreeing to pay Kshs. 350,000/- within six months. The plaintiffs made partial payments but later requested an extension of time, which the defendant denied. The plaintiffs then made further payments but sought to enforce the Settlement Agreement.

Issues

1. Whether the plaintiffs' application to enforce the Settlement Agreement was time-barred
2. Whether the plaintiffs' appeal would be rendered nugatory if the proceedings were stayed

Reasoning

The court found that the plaintiffs' appeal would not be rendered nugatory and that the plaintiffs' application was not time-barred.

Outcome

Appeal dismissed

Authorities cited