<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify"> This is an appeal from the judgment of the High Court (Ole Keiwua, J. as he then was). There are three grounds of appeal:</p><p class="ql-align-justify"> &quot;1.THAT the learned Judge erred in law in failing to appreciate sufficiently or at all that the counterclaim was not proved to the degree required by law.</p><p class="ql-align-justify"> 2.THAT the learned Judge erred in law in failing to appreciate sufficiently or at all that there was no basis in law upon which he could properly set off the amount claimed in the counterclaim as against the amount due to the appellant from the respondent.</p><p class="ql-align-justify"> 3.THAT the learned Judge erred in arriving at a decision which was against the weight of evidence adduced at the hearing of the case&quot;.</p><p class="ql-align-justify"> The dispute herein was commenced by way of a plaint in the Resident Magistrate&#x27;s Court at Nairobi as the plaintiff&#x27;s claim was for Shs.69,830/-. The defendant filed a defence and a counter claim for Shs.205,161/85. In view of the counter-claim, the suit was then transferred to the High Court.</p><p class="ql-align-justify"> Mr. Odera for …</p>