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 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.…
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…