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…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 parties agreed the facts, and while there was an adjustment of one fact by the Warehousemen when Mr Inamdar added his counterclaim, it is difficult to see that that adjustment was really of any significance.…

…defendant, as the case may be, may after the issue of the writ in the action subject to the provisions of this rule issue a warrant in Form No. 3 in Appendix B for the arrest of the property against which the action or any counterclaim…

…8) Issue of a warrant of arrest takes place upon its being sealed by an ocer of the registry or district registry. (9) An adavit required by paragraph (4) must state - (a) in every case: (i) the nature of the claim or counterclaim…