“"counterclaim"” — court decisions

Judgment[1986] KECA 756 April 1986

BERNARD GATHIGE NGUAH v AGIP (KENYA) LIMITED

Judgment[2002] KEHC 8426 October 2002

JACINTA WANGARI KAMAU v STEPHEN MUTURI WANG’ONDU

High Court at NairobimagistrateCIVIL APPEAL NO. 444 OF 2000

Division and case type: Milimani Commercial CourtsCivil Appeal

…But this claim could not be entertained because there was no counterclaim in the original or amended defence to claim such money.…

appeal is dismissedDismissed7 min read

Judgment[1986] KECA 825 May 1986

John Onyango & another v Samson Luwayi

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 93 of 1985

Division and case type: CivilCivil Appeal

…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.”…

appeal is dismissedDismissed9 min read

Judgment[1999] KEHC 825 April 1999

ABDI KAWIRI v YOU GUO JIANG SIETCO

High Court at Bungomathis court onCIVIL CASE NO 76 OF 1995

Division and case type: CivilCivil Case

…I also dismiss the defendants counterclaim with costs and interest thereon at usual court rates. Orders accordingly. Dated at Bungoma this 26th day of April, 1999. G.P.…

9 min read

Judgment[1999] KEHC 3925 April 1999

ABDI KAWIRI v YOU GUO JIANG SIETCO

High Court at Bungomathis court onCase number Civil Case 76 of 1995

Division and case type: CivilCivil Case

…I also dismiss the defendants counterclaim with costs and interest thereon at usual court rates. Orders accordingly. Dated at Bungoma this 26th day of April, 1999. G.P.…

9 min read

Judgment[1987] KECA 7111 January 1987

Joash Ochieng Ougo & another v Virginia Edith Wambui Otieno

Court of Appeal at Nairobijudge January,JUDGE APPEALCase number Civil Appeal 3 of 1987

Division and case type: CivilCivil Appeal

…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…

appeal succeedsAllowed9 min read

Judgment[1983] KEHC 1023 August 1983

E M Y v M Y & another

High Court at Nairobicommencement of the hearing of this suitCase number Civil Case 2641 of 1982

Division and case type: Milimani Commercial CourtsCivil Case

…I am open to argument as to any other reliefs and/or the counterclaim. Dated and Delivered at Nairobi this 24th day of August 1983. S.K.SACHDEVA JUDGE…

9 min read

Judgment[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

…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.…

14 min read

Judgment[1993] KEHC 2020 September 1993

PRUDENTIAL FINANCE LIMITED v JOHNSON NGANGA MBUGUA

High Court at NairobiDugdale,Bunei,Kariuki,Mutua,Mbugua,WilsonKipkoti Managing Director,Kipkoti,Wilson Kipkoti,NgugiCase number Civil Suit 3512 of 1990

Division and case type: CivilCivil Suit

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

14 min read

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

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 ocer of the registry or district registry. (9) An adavit required by paragraph (4) must state - (a) in every case: (i) the nature of the claim or counterclaim…

Appeal allowedAllowed77 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

Division and case type: CivilCivil Appeal

…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…

appeal failsDismissed62 min read