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    Defence & Counterclaim

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    Trapmania
    The defendant denies that the quantity and quality of goods delivered were as agreed in the contract. The defendant claims that under the contract, the plaintiff was supposed to supply 5,000 whiteboard pens for 200,000 Ksh but only supplied 2,000 defective pens. The defendant is counterclaiming 350,000 Ksh from the plaintiff for costs associated with destroying the defective pens and procuring suitable replacements, and requests that the plaintiff's suit be dismissed with costs and judgment entered in the defendant's favor on the counterclaim.

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    Defence & Counterclaim

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    Trapmania
    9K views2 pages
    The defendant denies that the quantity and quality of goods delivered were as agreed in the contract. The defendant claims that under the contract, the plaintiff was supposed to supply 5,000 whiteboard pens for 200,000 Ksh but only supplied 2,000 defective pens. The defendant is counterclaiming 350,000 Ksh from the plaintiff for costs associated with destroying the defective pens and procuring suitable replacements, and requests that the plaintiff's suit be dismissed with costs and judgment entered in the defendant's favor on the counterclaim.

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    The defendant denies that the quantity and quality of goods delivered were as agreed in the contract. The defendant claims that under the contract, the plaintiff was supposed to supply 5,000 whiteboard pens for 200,000 Ksh but only supplied 2,000 defective pens. The defendant is counterclaiming 350,000 Ksh from the plaintiff for costs associated with destroying the defective pens and procuring suitable replacements, and requests that the plaintiff's suit be dismissed with costs and judgment entered in the defendant's favor on the counterclaim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    9K views2 pages

    Defence & Counterclaim

    Uploaded by

    Trapmania
    The defendant denies that the quantity and quality of goods delivered were as agreed in the contract. The defendant claims that under the contract, the plaintiff was supposed to supply 5,000 whiteboard pens for 200,000 Ksh but only supplied 2,000 defective pens. The defendant is counterclaiming 350,000 Ksh from the plaintiff for costs associated with destroying the defective pens and procuring suitable replacements, and requests that the plaintiff's suit be dismissed with costs and judgment entered in the defendant's favor on the counterclaim.

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    REPUBLIC OF KENYA

    IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA


    CIVIL SUIT NO. 800 OF 2010

    MKORA
    TUPU………….....….………………….……………………………..PLAINTIFF
    -versus-
    BIASHARA YA KUTOSHA.........................................................DEFENDANT
    DEFENCE AND COUNTERCLAIM

    1. In this Defence, so far as the context admits:


    “paragraph” means a paragraph of the plaint herein;
    2. The Defendant admits the contents of Paragraphs 1 and 2 the same being merely
    descriptive of the parties save that the Defendants’ address for service for the purposes
    of this suit is care of Nyala Bulisividu Advocates, middle avenue ground floor, pink
    rooms P.O box 00 XW 000 Mombasa.
    3. The Defendant admits the contents of paragraph 3.
    4. The Defendant denies the contents of paragraph 4 of the plaint as the quantity and
    quantity of the goods delivered was not as per the terms and conditions of the
    contract.
    5. The Defendant admits the contents of paragraph 5.
    6. The Defendant denies the contents of paragraph 6 and puts the Plaintiff to strict proof
    thereof.
    7. In response to paragraph 7 of the Plaint, the Defendant avers that in view of the
    matters pleaded in paragraph 4 hereinabove, she could not act on any of the letters of
    demand served by the Plaintiff.
    8. The Defendant admits the contents of paragraph 8.
    9. The jurisdiction of the Honourable Court is admitted.
    10. Save and except what is expressly admitted herein, the Defendant denies each and
    every allegation contained in the Plaint as if the same were herein set out and traversed
    seriatim.
    REASONS WHEREFORE the Defendant prays that this suit be dismissed with costs to
    the Defendant.
    COUNTERCLAIM
    11. The Defendant reiterates the contents of paragraphs 1 through 10 hereinabove.
    12. The Defendant avers that under the said contract, the Plaintiff was to supply the
    Defendant with 5,000 white board pens at Kshs. 200,000/= and not 2,000 white
    boards at Kshs. 200,000/=.
    13. The Defendant avers that even the 2,000 pens supplied by the Plaintiff were defective
    and they were not fit for the purpose.
    14. The Defendant claims from the Plaintiff the sum of Kshs. 350,000/= and such other
    sums as may be found owing being monies incurred by the Defendant in destroying
    the defective pens and the cost of procuring suitable pens.
    15. Despite repeated requests from the Defendant, the Plaintiff has wrongfully failed and
    or refused to remedy the situation.
    REASONS WHEREFORE the Defendant prays that the Plaintiff’s suit be dismissed
    with costs and judgment be entered for the Defendant against the Plaintiff on the
    counterclaim for:
    a) The sum of Kshs 350,000/= as claimed in paragraph 14 above;
    b) Costs of the suit and the counterclaim;
    c) Interest on a, b, and c above at court rates.

    DATED at Nairobi this 11th day of April 2011.


    Nyala Bulisividu & Company
    Advocates for the Defendant
    DRAWN & FILED BY:
    Nyala Bulisividu & Company
    Advocates
    Middle Avenue, Ground Floor
    Pink Rooms
    P.O Box 00XW-000
    Mombasa. (Ref: M2/123)

    TO BE SERVED UPON:
    Wakili Kurutu & Co.
    Advocates
    Watu Building
    P.O Box 2&7v8-00110
    Mombasa.

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