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…The appellant denied the counterclaim in a reply and defence to the counterclaim. The pleadings closed. Issues were settled and the matter was eventually set down to come for trial.…

…That was because none was necessary as she had not raised any counterclaim.…

…When that day arrived the learned judge recorded this – ‘Order, by consent – plaintiff to reply to counterclaim within 14 days of today, in default judgment to be entered for the counterclaim.…

…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…

…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.…

…At the trial Javan Bulemi claimed that they had “filed” a counterclaim by which they sought a refund on Shs 100,00 for the development carried out on the land, “Or otherwise specific performance.”…

…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 parties agreed the facts, and while there was an adjustment of one fact by the Warehousemen when Mr Inamdar added his counterclaim, it is difficult to see that that adjustment was really of any significance.…

…Now that the defendant's counterclaim has been dismissedwith costs we must conclude the plaintiff's case.…

…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…

…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…