Judgment[1985] KECA 32
Case law
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Division and case type: CivilCivil Appeal
children would be an important factor in giving rise to a presumption of marriage, it is not a must in order to give rise to it. As far as the evidence of Mary Njoki herself was concerned she spoke in great detail about her early association and life with the deceased, about their three places of residence in Pumwani, Langata and Lavington where they lived together, about the two houses which the deceased bought in partnership, one of them from the National Housing Corporation, about the amount
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?