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…On the issue of triable issues in the Draft Defence, the deponent averred that the filed Draft Defence raises no triable issues that would require further interrogation by this court.…

…However, he annexed a draft Defence, which he averred has triable issues.…

…Dobie & Another (1995-1998) IEA 324 reasoned thus: “Even if service of summons is valid, the judgment will be set aside if defence raises triable issues. …

…Furthermore, the phrase ‘ triable issue’ was defined by the Court of Appeal in the case of Ternic Enterprises Limited v Waterfront Outlets Limited [2018] eKLR thus: “…a triable issue” is an issue which raises a prima facie…

…That the 2nd Defendant/Applicant has a good defence which raises triable issues. That the Defendants/Applicants stand to suffer irreparable harm unless the orders sought are urgently granted.…

…issues; the respective prejudice each party is likely to suffer; whether on the whole it is in the interest of justice to set aside the default judgment, among others.…

…The plaintiff submits that the defendants/ applicants draft defence does not raise triable issue to warrant the above discretion.…

…The plaintiff further submits that the draft defence does not raise any triable issues raising a prima facie case that would invite court to re- open the proceedings.…

…And a triable issue need not be one which will succeed but one that passes the SHEDRIDAN J Test in PATEL – Versus - E.A.…

…What then is a defence that raises no bona fide 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.…

…issues or is a sham.…

…The court is alive to the fact that this evidence has not been put to test, however, coupled with what has been raised in the defence, the court is of the opinion that the 2nd Defendants defence raises triable issues that…

…That the applicant has a good defense that raises triable issues. 14.…

…Additionally, the 2nd Defendant has attached a draft of the intended defence which in their view raises triable issues.…

…(d) In that case, there was a triable issue on contributory negligence which would affect the quantum of damages.…

…I have perused the annexed draft defence/replying affidavit and I am satisfied it discloses reasonable triable issues to the plaintiff’s claim.…

…It is apparent to the Court that the plaintiff raises triable issues , including professional reputational harm, which cannot be dismissed summarily. 6. Jurisdiction 6.…

…It is apparent that the plaintiff alleges circulation to third parties, a fact that raises triable issues on publication and malice. 11. Malice and Extraneous Acts 11.…

…application is supported by an Affidavit sworn on 3rd February, 2025 by the Applicant’s Investigator Dedan Okwama and is premised on the grounds: i) That the 5th Defendant’s Defence dated 30th December, 2024 does not raise any triable…

…issues worth trial by this Honourable Court; ii) That the said Defence does not disclose any reasonable Defence against the Plaintiff’s claim; iii) That the Defence is a sham and does not disclose any triable issues; iv)…

…In such situations, the court will consider whether the Defendant has an intended Defence that raises triable issues.…

…The court too has considered the Draft Defence filed by the 1st Defendant, and has found that it raises triable issues.…

…Having raised triable issues, it is prudent to allow the Defendant to have his day in court.…

…See the case of Job Kiloch vs Nation Media Group ltd, Salaba Agencies Ltd & Michael Rioro (2015) eklr, the court held: “what then is a defence that raises triable issues?…

…issues; the respective prejudice each party is likely to suffer. 7.…

…In my view, these are triable issues which ought to be resolved at the trial.…

…issues and thirdly, that prejudice will not be occasioned to the Respondent if the relief sought is granted.…

…The second point to consider is whether or not the Applicants have a good defence that raises triable issues against the Respondent’s claim.…

…That the defendants have a good defence raising triable issues. He annexed a return of service by Athanas Arthur Musambai, his diary for the date of alleged service, and copy of decree. 6.The application was opposed.…

…issues.” 22.…

…The 2nd Defendant's Statement of Defence raises triable issues and it would be just to accord him a chance to be heard; v.…

…In his quest to have the Judgment set aside, the 2nd Defendant avers that his draft Statement of Defence raises a triable issue.…

…Dobie & Another (1995-1998) IEA 324 reasoned thus: “Even if service of summons is valid, the judgment will be set aside if defence raises triable issues.…

…Furthermore, the phrase ‘triable issue’ was defined by the Court of Appeal in the case of Ternic Enterprises Limited v Waterfront Outlets Limited [2018] eKLR thus: “…a triable issue” is an issue which raises a prima facie…

…In addition, the court will not venture into considerations of whether the intended defence raises triable issue. Or whether there has been inordinate delay in applying to set aside the irregular judgment.…

…issues. 20.   …

…The application is premised on various grounds inter alia, that the 1st defendant was indisposed and could not attend court to testify on the date of the hearing; that the defendant has a good defence raising triable issues…

…It is averred that the defendant’s defence raises triable issues, that he has filed documents and that she intends to call key witnesses in the matter; that the defendant should not to be condemned unheard as that would be…