COUNTER CLAIM AND THE TIME OF ITS RELEVANCY. (TANZANIA LAWS)

Counter claim is a response by the defendant to a suit alleging in his or her written statement of defence a claim relief or remedy against the plaintiff instead of bringing a fresh suit. The law permits the defendant to counter claim through his written statement of defence as provided under Order VIII Rule 9 of the Civil Procedure Code, Cap.33

In the counter claim, the defendant becomes the plaintiff and the former plaintiff becomes the defendant who is required to prepare a written reply to the counter claim within 21days as provided under Rule 11 of Order VIII of Cap.33

However it should be construed that the counter claim should be under the same subject matter and referring the plaintiff hence it has to fall under ejusdem generis rule. Failure to comply with this requirement the Court has the power to strike out the suit.

Counter claim is relevant when the plaintiff issues out a plaint and when the defendant is ordered to prepare written statement of defence, through his or her written statement of defence the defendant issues out a counter claim.