Judgment[1992] KEHC 193
Case law
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Division and case type: CivilMiscellaneous Civil Application
…The applicant had to file a defence to the action in the Magistrate’s Court and in his defence he raised a counterclaim.…
…Under order VIII rule 2 the applicant was entitled to file his defence and to raise the counterclaim in the same defence.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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/=.…
Division and case type: CivilCivil Case
…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.…