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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

Order 15

EQUITABLE RELIEF. COUNTERCLAIM. SET-OFF

 

Relief not specifically asked may be granted

1. A plaintiff may obtain any equitable relief which the facts stated and proved in the suit entitles that plaintiff even if that relief has not been specifically asked for.

Counterclaim, set-off

2. (1) A defendant in an action may set-off, or set up by way of counter­claim against claims of the plaintiff, any right or claim the defendant has in relation to the plaintiff.

(2) A set-off or counterclaim under subrule (1) has the same effect as a statement of claim in a cross action and the Court may pronounce final judgment in the same action, both on the original and on the cross claim.

(3) Where a set-off or counterclaim cannot be conveniently dIsposed of in the same action the Court shall make an order for a separate trial for the set-off or counterclaim.

Notice of counterclaim or set-off

3. (1) A defendant may set-up a counterclaim or set-off only if that defendant has

(a) lodged with the Registrar a notice in the original, and as many duplicates of the notice as there are plaintiffs, containing the name and address of the defendant and a concise statement of the grounds of the counterclaim or set-off, and

(b) paid the Court and service fees payable if the claim were by writ of summons

but the Court may on terms that it considers just, allow the defendant to set up a counterclaim or set-off even if the notice has not been duly lodged.

(2) On receipt of the notice of counterclaim or set-off, and on due payment of the fees, the Registrar shall cause a duplicate of the notice to be served on the plaintiff.

(3) The provisions of Order 3 as to particulars of claim apply, as far as they are appropriate to counterclaim and set-off.

Defendant may have judgment for balance due on counterclaim

4. In an action where a set-off or counterclaim is established, as a defence against the plaintiff's claim, the Court may

(a) if the balance is in favour of the defendant, give judgment for the defendant for the balance, or

(b) otherwise award to the defendant the relief that the defendant is entitled to on the merits of the case.

Payment into Court where partial set-off

5. The Court, if it sees fit, may order a defence of partial set-off to be accompanied by payment into Court of the amount, which on the defendant's showing, the plaintiff is entitled to, unless the plaintiff's claim to that amount is resisted on some other ground of defence.

 

 

 

 

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