Search court decisions

…If there are triable issues of fact in any cause of action or if it is unclear whether there are such triable issues, summary judgment must be refused as to that cause of action.…

…If there are triable issues of fact in any cause of action or if it is unclear whether there are such triable issues, summary judgment must be refused as to that cause of action. [emphasis added]. 24.…

…issue.…

…As we know even one triable issue would be sufficient. We must however hasten to add that a triable issue does not mean one that will succeed.…

…By contradicting herself by finding that the draft defence raised triable issues but dismissing the appellants’ application for leave to file their defence. iii.…

…The second matter for consideration is whether the draft defence raises a triable issue.…

…They also submitted that the appellant’s defence did not raise any triable issues worth of consideration.…

…The Court of Appeal in the case of Job Kilach v Nation Media Group Ltd, Salaba Agencies Ltd & Michael Rono (2015) eKLR defined what constitutes a triable issue as “A bona fide triable issue is any matter raised by the defendant…

…issues deserving a hearing.…

…Triable issues 29. It is settled that a defence on the merits need not be one that will succeed, but only one that raises at least one triable issue. In Tree Shade Motors Ltd vs. D.T. Dobie & Co.…

…It argues that the existence and enforceability of such a term is itself a substantial triable issue. 9.…

…What then is a defence that raises no bona fide triable issue? A bona fide triable issue is any matter raised by the Defendant that would require further interrogation by the court during a full trial.…

…What then is a defence that raises no bona fide triable issue? A bona fide triable issue is any matter raised by the Defendant that would require further interrogation by the court during a full trial.…

…Prima facie triable issues ought to be allowed to go to trial, just as a sham or bogus defence ought to be rejected peremptorily.” 16.…

…The court of Appeal discussed what constitutes a triable issue in Olympic Escort International Co. Ltd. & 2 Others vs.…

…The question that begs an answer is whether the Appellant’s Defence in the declaratory suit can be said to have been frivolous and did not raise any triable issues.…

…The court of Appeal discussed what constitutes a triable issue in Olympic Escort International Co. Ltd. & 2 Others vs.…

…The question that begs an answer is whether the Appellant’s Defence in the declaratory suit can be said to have been frivolous and did not raise any triable issues.…

…The trial court was right in finding that the defence raised no triable issue and was a prime candidate for striking out.…

…Second, I am to determine whether the Statement of Defence raises triable issues that ought to be considered in a full trial.…

…The application is premised on the grounds that the Defence filed is weak, does not raise any bona fide triable issues, and fails to specifically deny the Plaintiff’s key averments.…

…for trial and a defence which raises triable issues does not mean a defence that must succeed.” 12.…

…Did the draft Replying Affidavit raise triable issues to warrant the setting aside the ex-parte judgment?…

…issues.…

…The Appellant further argued that its defence raised bona fide triable issues stating that a triable issue need not ultimately succeed, but only requires interrogation at a full trial. 7.…

…The court was required to examine whether the replying affidavit disclosed any triable issue that could not be resolved without oral evidence. 18.…

…Maina, the plaintiffs’ Counsel submitted that the burden of proof lies with the defendant to prove that its statement of defence raises triable issues.…

…issues for determination by the Court.…

…issues raised in the defences.…

…I agree with the appellant, there is only 1 issue for determination, whether the defence filed by the appellant raised a triable issue. 8.…

…That the learned Magistrate erred in law and in fact in failing to find that the draft statement of defence raised triable issues. 6.…

…Whether the draft defence raises triable issues 20. Even where where judgment is regular the court must go farther to consider whether the proposed defence disclosed a bona fide triable issue.…

…issues. 10.…

…The Defendant has also argued that there are triable issues regarding the replacement charge over L.R.…

…He also claimed that he had a good defence to the claim which raised triable issues.…

…I now need to consider whether the draft response to the claim exhibited by the appellant consisted of triable issues.…

…There are also arguments about there being a defence, with triable issues, and fair trial or hearing issues around Article 50(1) of the Constitution.…

…issues.…