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…The applicant had to file a defence to the action in the Magistrate’s Court and in his defence he raised a counterclaim.…

…Under order VIII rule 2 the applicant was entitled to file his defence and to raise the counterclaim in the same defence.…

…The Defendants filed a Defence and a counterclaim on 15th October, 1999 and denied that they were in occupation of the Plaintiff’s land.…

…In their counterclaim, the Defendants averred that if they were on the Plaintiff’s parcel of land, the Plaintiff’s right of action was time barred.…

…Newbold P at p 694 said: “the mere right of a defendant to be indemnified by or to have a claim over against a third party in respect of defendant’s liability to the plaintiff or to recover from the plaintiff by way of a counterclaim…

…But it made a set off and counterclaim for Shs 45,000/= being in respect of 6 defective retread tyres valued at Shs 30,000/= and in respect of 15 casigs valued at Shs 15,000/=.…

…Moreover, as rightly pointed out by Mr Nanji, there is no set off or counterclaim. The respondents have not raised it, to my mind, because it is not extant.…

…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.”…

…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.…

…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.…

…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.…

…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…