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…But then (2) on the respondent’s counterclaim, the High Court held that the plaintiff Society was liable to pay Kshs. 160,000 damages and costs on this sum.…

…In the result I would set aside the judgment for the respondent on the Counterclaim and substitute judgment for the appellant, dismissing the Counterclaim with costs.…

…The learned Judge had before him, first, an allegation that the mortgages, the very foundation upon which the suits and the counterclaim rested were invalid and of no effect.…

…In its turn, the second respondent stated in its defence that it had bought the machine from Karugu Contractors and raised a counterclaim for damages for loss of business.…

…The alleged particulars of the counterclaim were furnished and the items in support of special damages totalling Kshs 2,602,000.00 given.…

…under the Marriage Act he automatically ceased to be governed by or subject to the Luo customary law or any other relevant laws of the land; (10) The learned judge did not consider and totally disregarded the defence and counterclaim…

…The first, third and fifth appellants filed a joint defence on 9th May 1994 denying the Mayor’s claim and also raised a counterclaim against him asking for an injunction against him to restrain him from holding himself out…