Judgment
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.”…
Division and case type: CriminalCriminal Appeal
…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…