All templatesREPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE'S COURT AT MILIMANI COMMERCIAL COURTS, NAIROBI
CIVIL SUIT NO. E512 OF 2026
BETWEEN
HIGHLAND PACKAGING LIMITED.............................................PLAINTIFF
-VERSUS-
SUNRISE FRESH PRODUCE LIMITED........................................DEFENDANT
STATEMENT OF DEFENCE AND COUNTERCLAIM
1. The Defendant admits the descriptions of the parties in paragraphs 1 and 2 of the Plaint save that its address for service for purposes of this suit is care of its advocates on record.
2. The Defendant admits the allegation in paragraph 3 of the Plaint that between March and May 2026 the Plaintiff supplied packaging cartons to the Defendant at the Defendant's request, save that the Defendant admits ordering packaging cartons from the Plaintiff between March and May 2026 and avers that the cartons delivered in April 2026 were defective, having weak corrugation, and 40% of them were rejected on delivery.
3. The Defendant denies the allegation in paragraph 4 of the Plaint that the Defendant has failed to pay KES 3,200,000 for the cartons and avers that the Defendant paid for all conforming cartons and owes the Plaintiff nothing.
Litigation & Dispute Resolution
Defence & Counterclaim template (Kenya)
What it is for
Formal Statement of Defence responding to plaint averments under Order 7 CPR.
The Kenyan law it follows
- Civil Procedure Rules 2010 — Order 7 rules 1, 3, 5, 7 and 15 (defence within 14 days after appearance; set-off and counterclaim; papers that accompany the defence; a counterclaim stated as such; distinct grounds stated separately)
- Civil Procedure Rules 2010 — Order 2 rules 2, 3, 4 and 11 (numbered paragraphs; facts not evidence; matters specifically pleaded; allegations not traversed are deemed admitted and a general denial is not a sufficient traverse)
- Civil Procedure Rules 2010 — Order 2 rule 16 (every pleading signed by the advocate or the party)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.
Sample defence & counterclaim
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
The rest of this defence & counterclaim is for Lex members
Create a free account to read the whole sample, draft it for your matter and download it in Word.
This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.