Judgment[1984] KECA 17
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
…Clearly there existed triable issues in this case not the least of which was as to the acreage of the land offered for settlement as the Affidavits and exhibited correspondence filed in the High Court in support of and against…
…That was an issue so basic to the litigation that it raised a triable issue and the Appellants should have been allowed to put their case to the High Court. I agree with the order on costs proposed by Hancox JA.…