REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

CIVIL CASE NO. OF 1999

JOE BLOGGS ……………………………………………………… PLAINTIFF

VERSUS

SIMPLE SIMON …………………………………………………… DEFENDANT

DEFENCE AND COUNTERCLAIM

DEFENCE

1. The defendant admits the descriptions of the parties set out in

paragraphs 1 and 2 of the plaint except that the defendant's
address for the purpose of this suit is care of Messrs. AB &
Company Advocates of …….

2. The defendant admits that an agreement was indeed reached but

not at the price claimed in paragraph 3 of the plaint.

3. The defendant admits …… but contends that he was entitled to

do so under clause 3 of the said agreement.

4. If, (which is not admitted), the defendant breached the terms of

the said agreement as alleged in paragraph 9 of the plaint, the
plaintiff is estopped from denying the same as he acquiesced the
same in full knowledge of the defendant’s actions.

5. No admission is made as to the alleged or any loss or damage

and the plaintiff is put to strict proof thereof.

6. The 1st Defendant avers that it is a stranger to the allegations set

out in paragraph 10 of the Plaint.

7. In the premises the plaintiff is not entitled to the relief claimed or

any relief.

8. Save as hereinbefore specifically admitted, the defendant denies

each and every allegation contained in the plaint as though the
same were set out herein and traversed seriatim.

SET-OFF

9. On or about the ……. the defendant lent the plaintiff the sum of
Kshs. …… at the plaintiff’s request and upon the plaintiff
agreeing to repay the said sum within 3 months.

103-12-2022 00:51:27 GMT -06:00

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 10. In spite of demand and notice of intention to sue in default,
the plaintiff has failed, neglected and /or refused to pay to the
defendant the said sum of Kshs. …… or any part thereof and still
persists in such failure and /or neglect.

11. The defendant therefore prays that out of the said sum of
Kshs. ….., the sum of Kshs. …… be set off against the plaintiff’s
claim to the extent admitted by the defendant herein.

COUNTERCLAIM

12. The defendant repeats paragraphs 2 to 11 of the Defence and

Set-off.

13. The defendant counterclaims against the plaintiff the sum of

Kshs. …… being the difference between the amount due to the
plaintiff and that due to the defendant.

REASONS WHEREFORE the defendant prays for the following relief: -

(a) That the plaintiff’s suit be dismissed with costs.

(b)That judgement be entered for the defendant for the said

sum of Kshs. …

(c) Interest thereon at court rates from the date of the filing of
this defence and counterclaim until payment in full.

(d)Costs of the set-off and counterclaim.

(e) Any other relief the court deems fit to grant.

Dated at Nairobi this ………….. day of ………………………, 1999.

ADVOCATES FOR THE DEFENDANT

203-12-2022 00:51:27 GMT -06:00

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