Case law
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Division and case type: CivilCivil Case
…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…
…In my view, the defendant has not really shown any triable issue or issues in the matter.…
Division and case type: CivilCivil Case
…He however filed ground of opposition contending that the defence is reasonable and that there are triable issues.…
…On the other hand Miss Manyasi, the learned counsel for the respondent, submitted that the defence though made up of denials raised a triable issue as the liability for shs 4.2 million was denied.…
Division and case type: Milimani Commercial CourtsCivil Case
…DEFENDANT RULING This is an application for judgment to be entered against the defendant on the ground that the defendant has admitted the claim and that the defence filed by it herein is a mere denial which raises no triable…
…issues.…
Division and case type: Milimani Commercial CourtsCivil Case
…Besides words and words, it discloses no bona fide triable issues. I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest.…
Division and case type: CivilCivil Case
…I raise triable issues. Further the mistake of the advocate’s clerk or the advocate as the case may be should not be visited upon the litigant.…
Division and case type: CivilCivil Case
…The defendants claim there are triable issues. I hold that the defendants do not deny owing the plaintiffs premiums due. I believe their submission.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff has been able to establish on the face of the matter that there are triable issues.…
Division and case type: CivilCivil Case
…account and not on the account of the 1st Defendant.These are substantial denials by the 1st Defendant and if they were all that the Court were to go by, I would have readily held that the 1st Defendant has raised substantial triable…
…issues and that they should have the unconditional leave of the Court to defend the action.…
Division and case type: CivilCivil Case
…action was statute barred, who was in breach of the agreement, whether the transfer to the 2nd defendant was fraudulent and the effect of failure to obtain consent from the Land Control Board as between the parties are all triable…
…issues which in my view cannot be decided by a summary procedure.…
Division and case type: CivilCivil Case
…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…
Division and case type: CivilCivil Case
…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…
Division and case type: CivilCivil Case
…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…
Division and case type: CivilCivil Case
…On the other where a regular judgment had been entered, the Court would not usually set aside the judgment unless it was satisfied that there were triable issues which raise a prima facie defence which should go for trial…
Division and case type: CivilCivil Case
…To strike out the defence would I think be wrong having regard to the matters of law pleaded therein which raises triable issues. These questions however have now been fully argued.…