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…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…

…However that may be, the proper course was to give directions as to the trial of the issues, and as to whether rule 10 should be applied, turning the originating summons into a suit.…