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…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.…

…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.…

…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.…

…The defendants claim there are triable issues. I hold that the defendants do not deny owing the plaintiffs premiums due. I believe their submission.…

…The defendant has not shown any evidence showing lack of consideration to satisfy me that there is genuine triable issue.…

…I therefore hold that the defendant has not shown that it has any bona fide triable issues in this matter and accordingly I enter judgment in favour of the plaintiff against the defendant for Kshs 1,795,595.85 together with…

…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 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.…

…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.…

…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.…

…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…

…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.…