Case law
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Division and case type: CivilCivil Appeal
…Counterclaims should not be allowed unless it has very strong grounds in an action on a bill, cheque or promissory note (Norman v Lever (1881) 4 TLR 91). 5.…
…Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?…
Division and case type: CivilCivil Appeal
…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.…