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…Counterclaims should not be allowed unless it has very strong grounds in an action on a bill, cheque or promissory note (Norman v Lever (1881) 4 TLR 91). 5.…

…Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?…

…The amended defence had a “SET OFF AND COUNTERCLAIM ”, where the 1st defendant gave particulars of “loss and damage ”, to the tune of Kshs.864,220/=.…

…The 1st defendant appeared and gave evidence on oath on her counterclaim.…

…When that day arrived the learned judge recorded this – ‘Order, by consent – plaintiff to reply to counterclaim within 14 days of today, in default judgment to be entered for the counterclaim.…

…The learned judge appears to have believed the testimony of Mwotia and he gave judgment for him on his counterclaim.…

…Edith Nyambura Muchiri (DW1) gave evidence in support of the defendant’s counterclaim.…

…The issues for determination in this counterclaim as I see them, is whether the defendant is entitled to the sum claimed in the counter claim; or whether the contract of lending is null and void in view of the provisions…

…Meanwhile, on 17th September, 1987, the first defendant filed a defence and counterclaim.…

…Particulars of these arrangements were to be found in the counterclaim.…

…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…

…But then (2) on the respondent’s counterclaim, the High Court held that the plaintiff Society was liable to pay Kshs. 160,000 damages and costs on this sum.…

…In the result I would set aside the judgment for the respondent on the Counterclaim and substitute judgment for the appellant, dismissing the Counterclaim with costs.…

…The defence and counterclaim, seeking, inter alia , an order of transfer to them of the land the Appellants then occupied was filed on November 2, 1981.…

…The judge (Porter J) allowed both applications, struck out the defence and counterclaim, and entered judgement for the Respondent as prayed.…

…The Defendants filed a Defence and a counterclaim on 15th October, 1999 and denied that they were in occupation of the Plaintiff’s land.…

…In their counterclaim, the Defendants averred that if they were on the Plaintiff’s parcel of land, the Plaintiff’s right of action was time barred.…

…The defendants have in addition filed a counterclaim repeated the contents of the defence and claiming damages. Damages for breaches such as are alleged can only be special damages and they must be pleaded and proven.…

…They have neither been pleaded or sought to be proved, the counterclaim must in consequence be dismissed with costs.…

…Newbold P at p 694 said: “the mere right of a defendant to be indemnified by or to have a claim over against a third party in respect of defendant’s liability to the plaintiff or to recover from the plaintiff by way of a counterclaim…

…Moreover, as rightly pointed out by Mr Nanji, there is no set off or counterclaim. The respondents have not raised it, to my mind, because it is not extant.…

…But it made a set off and counterclaim for Shs 45,000/= being in respect of 6 defective retread tyres valued at Shs 30,000/= and in respect of 15 casigs valued at Shs 15,000/=.…

…The learned Judge had before him, first, an allegation that the mortgages, the very foundation upon which the suits and the counterclaim rested were invalid and of no effect.…

…In its turn, the second respondent stated in its defence that it had bought the machine from Karugu Contractors and raised a counterclaim for damages for loss of business.…

…The alleged particulars of the counterclaim were furnished and the items in support of special damages totalling Kshs 2,602,000.00 given.…

…But this claim could not be entertained because there was no counterclaim in the original or amended defence to claim such money.…

…At the trial Javan Bulemi claimed that they had “filed” a counterclaim by which they sought a refund on Shs 100,00 for the development carried out on the land, “Or otherwise specific performance.”…

…I also dismiss the defendants counterclaim with costs and interest thereon at usual court rates. Orders accordingly. Dated at Bungoma this 26th day of April, 1999. G.P.…