Judgment[1984] KECA 17
Case law
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Division and case type: CivilCivil Appeal
…The set-off was irrelevant to a claim based on a note which was the same as cash.…
…He therefore ‘struck off’ the respondent’s defence and set-off.…
Division and case type: CivilCivil Suit
…He also says he has a good defence and a sound set-off against the said Advocate. This application is opposed by the Plaintiff.…
…Even his alleged set off is not against the Plaintiff but against the Plaintiff’s Advocate. On the whole, I am of the view that this application merely seeks to delay the course of justice.…
Division and case type: CivilCivil Case
…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 defendant stated that as a result of the failure by the plaintiffs to vacate the suit premises in Southlands Estate, Langata she suffered loss and damages as shown in paragraph 8 of her defence under “SET OFF & 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.…
Division and case type: CivilCivil Case
…Duffus and Spry, JJ A also held that by reading order 8 and order 35 together the existence of a set-off or counter claim is sufficient to entitle a party to defend within the meaning of order 35 rule 2, but (per Duffus,…