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…The 3rd defendant claims that it had served the Plaintiff with its Defence and Counterclaim dated 15th May 2023 which was followed by the Plaintiff’s Reply to Defence and Defence to Counterclaim dated 19th May 2023.…

…The court is of the opinion that there is no confusion as to which Defence to Counterclaim by the plaintiff it can reply to as the obvious answer would be the latest Defence to Counterclaim dated 12th February 2024.…

…counterclaim following the withdrawal of the Plaintiffs suit and they would then prosecute the counterclaim.…

…order for amendment of the counterclaim is sought.…

…counterclaim following the withdrawal of the Plaintiffs suit and they would then prosecute the counterclaim.…

…order for amendment of the counterclaim is sought.…

…proceeding with the counterclaim.…

…the counterclaim is pegged. 20.…

…There was no defence filed to the counterclaim and the hearing proceeded through formal proof. 5.…

…Whether the plaintiffs are entitled to any of the prayers in the counterclaim. d. Who pays the costs? 9.…

…Since the Plaintiff/Respondent and the proposed 2nd Defendant in the counterclaim will have an opportunity to file their respective defences to counterclaim. I find no prejudice will be occasioned to them. 15.…

…In the end result, I allow the application for amendment of the defence and counterclaim in terms that; - i.…

…That as a counterclaim is a suit on itself, the Registrar of Titles is therefore still a party. In reply, Mrs.…

…I have perused the 1st defendant’s amended statement of defence dated the 7th May 2024, that contains a counterclaim running from paragraphs 19 to 28, and indeed the counterclaim does not contain a heading with the parties…

…The original Defence contained no Counterclaim and sought no relief against the Plaintiff.…

…Significantly, the defence did not contain a Counterclaim and does not seek any substantive reliefs against the Plaintiff. 28. The proposed Amended Defence and Counterclaim contains 98 paragraphs.…

…My understanding of the above provision is that the law permits a defendant to bring a counterclaim not only against the plaintiff but also against any other person who, if the counterclaim were pursued as a separate suit…

…However, the rule does not authorize the creation or joinder of a new plaintiff through a counterclaim.…

…My understanding of the above provision is that the law permits a defendant to bring a counterclaim not only against the plaintiff but also against any other person who, if the counterclaim were pursued as a separate suit…

…However, the rule does not authorize the creation or joinder of a new plaintiff through a counterclaim.…

…The amended defence on its part added other parties through the counterclaim.…

…The new parties are James Bikeri Bigogo (1st defendant in counterclaim), Nyarango Duke, Evalyne Moraa, the County Land Registrar, and the Hon. Attorney General, respectively as 3rd – 6th defendants in the counterclaim.…

…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.…

…The Counterclaim offends the provisions of Order 7, Rule 8 of the Civil Procedure Rules, 2010, by failing to set out the names of the persons against whom the Counterclaim would be enforced by cross action.…

…It is contended that it has been demonstrated that all the issues in the 2nd Defendant’s Counterclaim were in issue in ELC Case No. 130 of 2020; the parties in that case are the same parties to this Counterclaim; the parties…

…Moses Kiriago Ratemo (Moses Ratemo) the 2nd defendant to the counterclaim, appointed counsel and filed defence to the counterclaim.…

…What remains for determination is the counterclaim of the defendant. There had been an attempt, when the 2nd defendant to the counterclaim testified, to attack the counterclaim for want of a verifying affidavit.…

…There has been no inordinate delay, and reinstating the Counterclaim will not prejudice the Plaintiff.…

…The Defendant’s Counterclaim seeks declaratory orders regarding ownership of the property known as Lamu/Lake Kenyatta II/363.…

…He also sought costs of the suit and of the counterclaim.…

…I find and hold that the defendant’s counterclaim is not res judicata. II. Whether the counterclaim is competently before this court and whether the defendant proved his counterclaim of adverse possession.…

…The applicant filed a defence to the counterclaim.…

…I therefore allow the counterclaim.…

…He urged the court to allow the counterclaim to proceed as an independent suit, distinct from the Plaintiff’s claim, adding that the law permits the continuation of a counterclaim in such manner.…

…The second subject requiring my determination is whether to allow the Defendant’s counterclaim to proceed.…

…That the 5th Defendant’s Counterclaim is time barred in terms of Section 7 of the Statute of (the) Limitations (of) Actions (Act) Cap 22, thus the Honourable Court does not have jurisdiction to entertain the Counterclaim…

…In addition, the 5th Defendant avers that he has raised key issues in his Defence to the suit and Counterclaim and that in recognition of that fact the Plaintiff has filed its amended Reply to his Defence and Defence to Counterclaim…