Case law
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Division and case type: CivilCivil Appeal
Maweu v Kiu Ranching & Farming Cooperative Society Ltd Court of Appeal, at Nairobi September 4, 1985 Hancox, Nyarangi JJA & Platt Ag JA Civil Appeal No 2 of 1983 (Appeal from the ruling of the High Court at Nairobi, Porter J) Cases 1. Mwangi Githu v Livingstone Ndeete & Others, Court of Appeal No 4 of 1979 Referred 2.
Division and case type: CivilCivil Appeal
What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?