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…arguing the merits and demerits (respectively) of the appeal I will simply point out what I consider are matters arguable, at least, to have enabled the judge in the superior court (Ole Keiwua J.) to say that there were triable…

…turning of the commercial vehicle policy into a passenger service vehicle as a contract of insurance stands or falls by what it states. 4.There was enough material pleaded in the defence (H.C.C.C. 2118 of 1994) to show triable…

…issues.…

…Application for summary judgment should not be allowed unless there are triable issues raised, in this case no triable issues raised, hence the lower court was correct in dismissing the application. Appeal dismissed.…

…principles enunciated in Zola’s case and added: “This Court on appeal will therefore examine the decision of the Judge in the Court below together with the material before him to see if there really was an arguable defence or triable…

…issues raised.”…

…Clearly there existed triable issues in this case not the least of which was as to the acreage of the land offered for settlement as the Affidavits and exhibited correspondence filed in the High Court in support of and against…

…That was an issue so basic to the litigation that it raised a triable issue and the Appellants should have been allowed to put their case to the High Court. I agree with the order on costs proposed by Hancox JA.…

…In my view, if the learned resident magistrate had not felt able to examine the justice of the defendant’s application and whether there was a triable issue by questioning the defendant and examining the pleadings, he should…

…that the appellant was in court on August 2, 1979 and told the court what he said, the judge might have considered whether or not the resident magistrate should have inquired into the appellant’s defence and whether any triable…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…