Order 32 — Defence and Counter-claim
Rule 1 Statement of Defence.
The Statement of Defence shall be a statement in summary form and shall be supported by copies of documentary evidence, list of witnesses and their written statements on oath in accordance with these Rules.
Rule 2 Evasive denial of allegation.
When a party in any pleading denies an allegation of fact in the previous pleading of the opposing party, the party shall not do so evasively, but answer the point of substance. If an allegation is made with diverse particulars, the allegation and the particulars must be specifically denied.
Rule 3 When mere denial of debt is insufficient.
In an action for debt or liquidated demand in money, a mere denial of the debt shall not be sufficient defence.
Rule 4 Defence as to Set-off and Counter Claim.
Where any Defendant seeks to rely upon any ground as supporting a right of Set-Off or counter-claim, the Defendant shall in the defence state specifically that the Defendant does so by way of supporting a right of SetOff or counter-claim.
Rule 5 Addition to Title of Defence in counterclaim.
Where a Defendant in a defence sets up any Counter-Claim which raises questions between the Defendant and the Claimant along with any other persons, the Defendant shall add to the title of the defence a further title similar to the title in a Statement of Facts, setting forth the names of all the persons, who, if such counter-claim were to be enforced by cross action, would be Defendants to such cross-action, and shall deliver the Defence to such of them as are parties to the action within the period in which the Defendant is required to deliver it to the Claimant.
Rule 6 Counterclaim against persons not a party.
Where a Defendant counter-claims against a person who is not a party to the action, the Court may suo motu or upon application order that the person be joined as a Claimant, and thereafter the person may file a defence process against the counter-claim in accordance with these Rules.
Rule 7 Discontinue of the Claimant's claim.
If, in any case in which the Defendant sets up a counter-claim, the action of the Claimant is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.
Rule 9 Judgment for balance of claim.
Where in an action, a Set-Off or counter-claim is established as a Defence against the Claimant’s claim, the Court may, if the balance is in favour of the Defendant, give judgment for the Defendant for such balance, or may otherwise adjudge to the Defendant such relief as the Defendant may be entitled to upon the merits of the case.
Rule 9 Grounds of defence arising after action is filed.
(1) Any ground of defence which arises after the action has been filed, but before the Defendant has delivered the Defence, and before the time limited for doing so has expired, may be raised by the Defendant in the Defence, either alone or together with other grounds of Defence.
(2) If after a Defence has been delivered along with a set-off or counter-claim, any basis for answer or ground of defence arises to any such set-off or counter-claim respectively, it may be raised by the Claimant in the Claimant’s Reply (in the case of a set-off) or Defence to counter-claim, either alone or together with any other ground of Reply or Defence to counter-claim.
Rule 10 Further defence to Reply.
Where any ground of Defence arises after the Defendant has delivered a Defence, or after the time limited for doing so has expired the Defendant may, and where any ground of defence to any Set-Off or counterclaim arises after Reply, or after the time allowed for delivery of Reply has expired, the Claimant may, within seven (7) days after such ground of defence has arisen or at any subsequent time by leave of Court deliver further defence or further Reply as the case may be, setting forth the same.
Rule 11 Concession to defence.
Whenever any Defendant in a defence or in any further defence pursuant to Rule 10 of this Order alleges any ground of defence which has arisen after the commencement of the action, the Claimant may concede to such defence (which concession may be in Form 26 with such modification as circumstances may require) and may thereupon obtain judgment up to the time of the pleading of such defence, unless the Court either before or after the delivery of such concession otherwise orders.
Rule 12 Defence to Originating Summons.
A Respondent to an Originating Summons shall file a Counter Affidavit together with all the exhibits the Respondent intends to rely upon and a Written Address within (14) fourteen days after service of the Originating Summons.