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…By contradicting herself by finding that the draft defence raised triable issues but dismissing the appellants’ application for leave to file their defence. iii.…

…The second matter for consideration is whether the draft defence raises a triable issue.…

…They also submitted that the appellant’s defence did not raise any triable issues worth of consideration.…

…The Court of Appeal in the case of Job Kilach v Nation Media Group Ltd, Salaba Agencies Ltd & Michael Rono (2015) eKLR defined what constitutes a triable issue as “A bona fide triable issue is any matter raised by the defendant…

…issues deserving a hearing.…

…Triable issues 29. It is settled that a defence on the merits need not be one that will succeed, but only one that raises at least one triable issue. In Tree Shade Motors Ltd vs. D.T. Dobie & Co.…

…The court of Appeal discussed what constitutes a triable issue in Olympic Escort International Co. Ltd. & 2 Others vs.…

…The question that begs an answer is whether the Appellant’s Defence in the declaratory suit can be said to have been frivolous and did not raise any triable issues.…

…The court of Appeal discussed what constitutes a triable issue in Olympic Escort International Co. Ltd. & 2 Others vs.…

…The question that begs an answer is whether the Appellant’s Defence in the declaratory suit can be said to have been frivolous and did not raise any triable issues.…

…The trial court was right in finding that the defence raised no triable issue and was a prime candidate for striking out.…

…Second, I am to determine whether the Statement of Defence raises triable issues that ought to be considered in a full trial.…

…issues raised in the defences.…

…I agree with the appellant, there is only 1 issue for determination, whether the defence filed by the appellant raised a triable issue. 8.…

…That the learned Magistrate erred in law and in fact in failing to find that the draft statement of defence raised triable issues. 6.…

…Whether the draft defence raises triable issues 20. Even where where judgment is regular the court must go farther to consider whether the proposed defence disclosed a bona fide triable issue.…

…He also claimed that he had a good defence to the claim which raised triable issues.…

…I now need to consider whether the draft response to the claim exhibited by the appellant consisted of triable issues.…

…There are also arguments about there being a defence, with triable issues, and fair trial or hearing issues around Article 50(1) of the Constitution.…

…issues.…

…THAT the learned Magistrate erred in law and un failing to consider that the Respondent had a Defencce that raises triable issues which could only be canvassed at the full hearing hence arriving at a wrong Ruling.…

…The learned trial Magistrate delivered a ruling dated 30.11.22 in which he allowed the application on the ground that the defence did not raise triable issues .…

…issue. 5.…

…The Appellant filed grounds of opposition dated 08.01.2018 stating that the defence had triable issues.…

…Further, the Magistrate noted that the defence that was the draft defence was also not raising any triable issues.…

…It is trite that a triable issue is not necessarily one that will succeed, but one which can occasion a trial and determination. 25. Courts should strive not to limit ‘triable issue’ to a point that it is a trifle.…

…issues.…

…What then is a defence that raised no bonafide triable issue. A bona fide triable issue is any matter raised by the defendant that would require further interrogation by the court during a full trial.…

…The trial court was right in finding that the defence raised no triable issue and was a prime candidate for striking out.…

…Second, I am to determine whether the Statement of Defence raises triable issues that ought to be considered in a full trial.…

…A trial must be ordered if a triable issue is found to exist, even if the Court strongly feels that the defendant is unlikely to succeed at the trial.…

…And a triable issue need not be one which will succeed but one that passes the SHERIDAN J Test in PATEL v E.A.…

…Whether the defence raises triable issues 34.…

…In other words, it is a defense that raises triable issues and should be heard on its merits.…

…issues.…

…As regards the issue of whether the Appellant had a defence which raised triable issues, it was submitted that indeed the Appellant’s defence raised triable issues and merited to be considered for trial.…

…The Respondents further submit that their defence raises substantive triable issues, including limitation, delivery of goods, and the existence of a contractual relationship. 19.…

…On triable issues, the settled principle remains that where a defence raises even a single bona fide triable issue, the defendant ought to be heard. 26.…