JUDGMENT
The appellant is the plaintiff in a suit filed in the High Court of Kenya. In his plaint he claimed damages against six named defendants, the respondents in this appeal, for forcibly entering and trespassing on his land at Njoro. By their defence and counterclaim dated 3rd May 1975, the respondents pleaded that their entry on the land was lawful as they had purchased the land from the appellant and paid the full purchase price therefor. They prayed that the appellant’s suit be dismissed, that he be ordered to transfer the land to them, and for other relief including damages for breach of contract. The appellant did not file a reply to the counterclaim. On 11th September 1975, the respondents applied to the Court by notice of motion for judgment on their counterclaim, citing order VIII, rule 17(5), and order XII, rule 6, of the Civil Procedure Rules. The relevant part of order VIII, rule 17(5), reads as follows:
"and unless a plaintiff files a reply to a counterclaim within the …