the civil procedure act - Kenya Law Reports

90CAP. 21 Civil Procedure [Rev. 2010[Subsidiary][Order 7, rule 12.]Exclusion ofcounterclaim.[Order 7, rule 13.]Discontinuance, stayor dismissal of suit.[Order 7, rule 14.]Judgment forbalance.[Order 7, rule 15.]Defence or set-offfounded on separategrounds.[Order 7, rule 16.]New ground ofdefence.12. Where a defendant sets up a counterclaim, if the plaintiff or any otherperson named in the manner aforesaid as party to such counterclaim contendsthat the claim thereby raised ought not to be disposed of by way of counterclaim,but in an independent suit, he may at any time before reply, apply to the courtfor an order that such counterclaim may be excluded, and the court may, on thehearing of such application, make such order as shall be just.13. If, in any case in which the defendant sets up a counterclaim thesuit of the plaintiff is stayed, discontinued or dismissed, the counterclaim maynevertheless be proceeded with.14. Where in any suit a set-off or counterclaim is established as a defenceagainst the plaintiff’s claim, the court may, if the balance is in favour of thedefendant, give judgment for the defendant for such balance, or may otherwiseadjudge to the defendant such relief as he may be entitled to upon the meritsof the case.15. Where the defendant relies upon several distinct grounds of defenceor set-off founded upon separate and distinct facts, they shall be stated, as faras practicable, separately and distinctly.16. (1) Any ground of defence which has arisen after action brought, butbefore the defendant has delivered his defence and before the time limited forhis doing so has expired, may be raised by the defendant in his defence, eitheralone or together with other grounds of defence; and if, after a defence has beendelivered, any ground of defence arises to any set-off or counterclaim allegedtherein by the defendant, it may be raised by the plaintiff in his reply, eitheralone or together with any other ground of reply.(2) Where any ground of defence arises after the defendant has delivered adefence, or after the time limited for his doing so has expired, the defendant may,and where any ground of defence to any set-off or counterclaim arises after thetime limited for delivering a reply has expired, the plaintiff may, within fourteendays after such ground of defence has arisen or at any subsequent time, by leaveof the court, deliver a further reply, as the case may be, setting forth the same.(3) Whenever any defendant in his defence, or in any further defence asmentioned in subrule (2), alleges any ground of defence which has arisen afterthe commencement of the suit, the plaintiff may deliver a confession of suchdefence, and may make application by summons for his costs up to the time ofpleading of such defence.[Order 7, rule 17.]Subsequentpleadings.after the defence or the last of the defences has been served on to him, unlessthe time is extended.(2) No pleading subsequent to the reply shall be pleaded without leave of