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.…
Division and case type: CivilCivil Suit
…Now that the defendant's counterclaim has been dismissedwith costs we must conclude the plaintiff's case.…
Division and case type: CivilCivil Appeal
…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 ocer of the registry or district registry. (9) An adavit required by paragraph (4) must state - (a) in every case: (i) the nature of the claim or counterclaim…