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…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.…

…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/=.…

…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.…

…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.…

…I am open to argument as to any other reliefs and/or the counterclaim. Dated and Delivered at Nairobi this 24th day of August 1983. S.K.SACHDEVA JUDGE…