IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Omolo, Tunoi and Keiwua JJ A)
CIVIL APPEAL NO 240 OF 2001
KABUITO CONTRACTORS LIMITED .......................................APPELLANTS
VERSUS
DAVID MUKII MEREKA T/A MEREKA and CO ADVOCATES....RESPONDENTS
(An appeal from an order of the High Court of Kenya at Nairobi
(Khamoni J) dated 6th July, 2001 in HCCC No 1451 of 2000)
JUDGMENT
The short point which arises for our determination in this appeal is the interpretation to be given to rules 2 and 11 of order VIII of the Civil Procedure Rules. Those rules provide:
“2 A defendant in a suit may set-off, or set up by way of a 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 on the crossclaim; but …