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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…

…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…

…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.”…

…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…