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…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…

…In my view, the defendant has not really shown any triable issue or issues in the matter.…

…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…

…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.…

…account and not on the account of the 1st Defendant.These are substantial denials by the 1st Defendant and if they were all that the Court were to go by, I would have readily held that the 1st Defendant has raised substantial triable…

…issues and that they should have the unconditional leave of the Court to defend the action.…