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…(iv) However, the Bank never duly called up the Guarantee and Right of set-off and its exercise of the Right of set-off was premature. ………………… 34. These are the final orders:- (i) ……………………. (ii) …………………..…

…in calculating the amount of set-off was applied as these issues had not crystalized.…

…A set off is allowed to reduce the sum a person owes to the creditor by the sum the creditor owes them. Satisfaction is thereafter entered for the to the extent of the set off.…

…If the amounts are unequal, satisfaction is entered for the amount equal to the set off leaving the balance of the unequal thereof to execution by the holder of decree for the larger sum.…

…DW1 testified that the letter effecting the set-off was issued before his appointment and at that time, there was no objection to the set-off, since the company was not under administration.…

…He stated that it was incumbent upon the Plaintiff to prove both the set-off and the unverified claim. 17.…

…He points out that the Defendant did not file any set off. He is not agreeable to a set off and demands to be paid the decretal sum as ordered by the court.…

…From the respective positions, the issue for determination is whether the court should stay execution to allow for a set-off as contended by the Defendant.…

…The said Order provides: 3) A defendant in a suit may set-off, or set-up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and whether…

…it is for a liquidated or unliquidated amount, and such set-off or counterclaim shall have the same effect as a cross-suit, so as to enable the court to pronounce a final judgment in the same suit, both on the original and…

…Form of counterclaim and set-off (1) In addition to his or her response to the claimant's claim, a respondent may make a counterclaim or set-off against a claimant in Form SCC 3 as set out in the First Schedule hereto. (2…

…As matters now stand, there is no determination on the Counter-claim and the set off. This renders the proceedings a mistrial as it prejudices the Appellant. 27.…

…(ii) The learned magistrate erred in law and in facts by failing to consider the appellants counter claim and set off dated 30/12/2024.…

…(viii) That the learned magistrate erred in law and facts by allowing the respondent claim and dismissing the appellants counter claim and set off. 5.…

…Whether the defendant is entitled to set off. Whether the plaintiff is entitled to the remedies sought.…

…The issue that now remains is whether the defendant is entitled to a set-off of Kshs. 13,809,004.20 from Kshs. 11,820,110.00.…

…She averred that the sums are subject to lawful set off and lien, due to the applicant’s involvement in fraudulent transactions. 10.…

…The respondent filed a defence, counterclaim and set off dated 14th July 2025, wherein it stated that the actual value of the goods delivered was Kshs.54,720,000/=. 26.…

…Counsel argued that there is no need to stay the proceedings given that the application by Occidental is seeking to set off the same costs.…

…Set-off.…

…Counsel argued that there is no need to stay the proceedings given that the application by Occidental is seeking to set off the same costs.…

…Set-off.…

…The Appellant concluded that he was entitled to a set-off of Kshs. 367,200, as he had given the Respondent Kshs. 450,500 while he only owed Kshs. 83,300.…

…He requested that the Counterclaim/Set-off be dismissed with costs. 9. From the record, this was not the only Response to the Counterclaim and Set-off that the Respondent filed.…

…off.…

…The appellant submitted that the respondent failed to prove its counterclaim and set off on a balance of probabilities.…

…He frames the issues for determination as, first, whether the learned Adjudicator erred in finding him indebted in the sum of Kshs. 120,500/= despite what he calls substantial evidence of applicable set-offs, and, second,…

…(iv) The alleged Kshs. 70,500/= Robert Chepkwony set-off 48.…

…Through the instant application, the Plaintiff is seeking to set off the Decree obtained against it in this suit for Kshs.11,228,080/-, against that obtained in its favour in Kisumu Environment & Land Court Petition No.6…

…From the above, it is clear that for a set-off of cross-decrees as requested, each party should be a decree-holder in one suit and a judgment debtor in the other suit.…

…action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded...” 15.…

…Therefore, the Court reiterates that –“any claim by way of set-off or counterclaim is taken to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded…

…off.…

…The mandatory injunction that the Plaintiff seeks is in the form of restitution of Kshs.32,715,190.00, money already appropriated by way of set-off, by the Defendant.…

…off.…

…The mandatory injunction that the Plaintiff seeks is in the form of restitution of Kshs.32,715,190.00, money already appropriated by way of set-off, by the Defendant.…

…A defendant in a suit may set-off, or set-up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and whether it is for a liquidated…

…off from the said amount.…