“"counterclaim"” — court decisions

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[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[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…