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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
CASE OR APPLICATION NO [appropriate reference]
[APPLICANT OR CLAIMANT] v [RESPONDENT OR DEFENDANT]
DEFENCE TO COUNTERCLAIM
1. The Plaintiff, as defendant to the counterclaim, denies liability for the monetary relief claimed from it. It repeats only the relevant contractual averments and answers the counterclaim by its actual paragraph numbers.
2. The developer claims interest on unpaid sale consideration for the two units proposed from the gym and health-club space. The Plaintiff denies that its enforcement of the original estate obligations makes it liable for the developer’s separate sale contracts with third parties.
3. The Plaintiff disputes the asserted right to convert the promised facilities. The sale and lease descriptions, plans and competent company resolutions are identified. Any alleged consent must be proved with its conditions and cannot be expanded into a waiver of all contractual rights.
4. The developer also claims mesne profits. The Plaintiff denies that the residents’ occupation and use of the contracted estate facilities amounted to wrongful possession of the developer’s property.
5. The pleaded aggregate is specifically disputed. The developer must identify the property, alleged period of wrongful possession, legal entitlement and the calculation supported by admissible evidence. A claimed total does not establish the profits actually received or reasonably obtainable.
6. The Plaintiff does not admit that a third-party apartment sale, a demand for deposit interest or a computer-generated schedule proves its own liability. Each document is addressed according to authenticity, admissibility and the obligation allegedly owed.
7. The Plaintiff relies on the promised transfer of the reversion and the relevant management records. It denies that those arrangements authorise additional residential units contrary to the instruments and required approvals.
8. The Plaintiff requests dismissal of the counterclaim with an appropriate costs order. If the developer owes refunds to its separate buyers, that issue must be addressed between the competent parties rather than shifted to the management company without a legal basis.
DATED at [place] on [date]. [Signature of party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Check your facts, current rules, court directions and jurisdiction before use.
Use and evidence notes
The source counterclaim failed. Adapt this response to the actual pleaded heads and parties. Mesne profits require wrongful possession and proof of quantum; they are not interchangeable with contractual rent or damages for breach.
Source facts and limits of the decision
A residents’ management company sued the developer over a thirty-apartment estate, promised common facilities, the reversionary title and original management documents. The developer converted the gym and health-club space into two proposed apartments and asserted resident consent. Its counterclaim included interest on outstanding sale consideration and mesne profits.
The Court found the management company entitled to the reversionary interest, restrained dealings and further demolition, ordered transfer within sixty days and handover of the identified originals, and dismissed the developer’s counterclaim. The consent and waiver defence was not proved. A mesne-profits demand was not established merely by listing a sum.
The source considered the lease and sale terms, Sectional Properties Act 2020 sections 6 and 13, planning approval, and the definition and proof of mesne profits. A new file must check its title regime and any applicable sectional conversion requirements rather than assume every estate has the same structure.
Read the original reported decision: [2021] KEELC 1268 (KLR) — 2021
The original judgment may identify participants. These samples remove their names; allegations and unsuccessful arguments are identified as such. The primary judgment was checked against a previously preserved full text. Current live retrieval of Kenya Law is unavailable in this session.
Related legislation and procedure
Sectional Properties Act · Civil Procedure Act · Civil Procedure Rules
Read these alongside the source decision and your agreement. Check the law applicable to the material dates and the correct jurisdiction and procedure before adapting this sample.
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