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…The plaintiff appears to think that pleadings are paragraphs or averments in a plaint, defence, reply to defence or defence to counterclaim.…

…When we talk of pleadings, we are in effect talking about either a plaint, a defence, reply to defence or counterclaim or defence to counterclaim. That emerges clearly from the definition of 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.…

…Indeed the Respondent has filed a counterclaim in which he hopes to address his grievances and obtain appropriate relief.…

…the enjoyment of his already existing property would be curtailed by the developments proposed by the Applicant and who would be faced with the burden of pulling down any structures put up by Applicant in the event that counterclaim…

…The advocates of the plaintiff later advised him that he could not succeed, and the plaint was withdrawn and judgement on the counterclaim was given in favour of the defendant.…

…The judgment on the counterclaim was set aside and the proceedings continued in a consolidated form and on oral evidence.…

…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.…

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

…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…

…Now that the defendant's counterclaim has been dismissedwith costs we must conclude the plaintiff's case.…