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…issues or is a sham.…

…The court is alive to the fact that this evidence has not been put to test, however, coupled with what has been raised in the defence, the court is of the opinion that the 2nd Defendants defence raises triable issues that…

…That the applicant has a good defense that raises triable issues. 14.…

…Additionally, the 2nd Defendant has attached a draft of the intended defence which in their view raises triable issues.…

…That the applicant has a good defense that raises triable issues. 14.…

…Additionally, the 2nd Defendant has attached a draft of the intended defence which in their view raises triable issues.…

…Whether the Intended Defence by the 1st and 2nd Defendants/Applicants raised Triable Issues and were entitled to leave to file a Defence out of time. 10.    On the first issue.…

…As to whether the Intended Defence by the 1st and 2nd Defendants/Applicants Raises Triable Issues and were entitled to leave to file a defense out of time.…

…It depended on whether the service was regular and whether the applicant raises triable issues in her defense. n) The 1 st Defendant/Applicant's defense never raised any triable issues as it is just mere denials. o) Lastly…

…It was further submitted that the defense raised several triable issues including ownership and the plaintiff’s locus to institute the suit. 11. On the last issue for determination.…

…His contention was that the Appeal raised triable issues, the subject matter emanating from a land, which were emotive and sensitive in nature. 10. On grounds 2 & 6 of the appeal.…

…issues.” 38.…

…It was stated that the Applicant had not annexed a draft Defence to confirm that he indeed had an arguable Defence or one that raised triable issues.…

…In addition, the court will not venture into considerations of whether the intended defence raises triable issue or whether there has been inordinate delay in applying to set aside the irregular Judgment.…

…The Amended Plaint raised serious triable issues against the 3 rd Defendant, including but not limited to: a) Whether the transfer of the suit property to the 2 nd Defendant was lawful and capable of conferring a valid title…

…At the very least, the pleadings raised serious triable issues that could only be properly ventilated and determined at a full hearing. 19.…

…Existence of Triable Issues 12.   …

…The submission on triable issues was that the Applicant raises several triable issues regarding: a) The validity of the Applicant/Respondent’s claim to adverse possession. b) Whether the Applicant/Respondent has been in uninterrupted…

…Existence of Triable Issues 12.…

…The submission on triable issues was that the Applicant raises several triable issues regarding: a) The validity of the Applicant/Respondent’s claim to adverse possession. b) Whether the Applicant/Respondent has been in uninterrupted…

…The Learned Counsel was submitted that the Plaint clearly disclosed triable issues relating to encroachment, nuisance, boundary interference, and interference with enjoyment of land. 15.…

…Lastly, the Learned Counsel averred that the Preliminary Objection was an attempt to delay the hearing and determination of triable issues, thereby abusing the court process.…

…The Learned Counsel was submitted that the Plaint clearly disclosed triable issues relating to encroachment, nuisance, boundary interference, and interference with enjoyment of land. 15.…

…Lastly, the Learned Counsel averred that the Preliminary Objection was an attempt to delay the hearing and determination of triable issues, thereby abusing the court process.…

…A defence on the merits does not mean one that must succeed; it suffices that it raises a triable issue deserving of adjudication at a trial, as stated by this Court in Patel – Versus - E.A.…

…issues; the respective prejudice each party is likely to suffer and whether on the whole it is in the interest of justice to set aside the default Judgment, among others.…

…The Learned Counsel submitted that the present suit raises substantive and triable issues relating to ownership by adverse possession, occupation, limitation, overriding interests and the legality of transfers effected during…

…the Court with a wide and unfettered discretion to set aside or vary a default judgment upon such terms as are just, particularly where the defendant demonstrates that he was never served or that he has a defence raising triable…

…On the other where a regular judgment had been entered, the Court would not usually set aside the judgment unless it was satisfied that there were triable issues which raise a prima facie defence which should go for trial…

…They submitted that there are triable issues have been raised in the Plaint by the Plaintiff/Respondent that warrant this court’s determination. 32.   …

…These were triable issues and it would be proper that this suit was allowed to proceed to trial on merit and the court renders its decision on the issues raised. 39.   …

…concluded a boundary fixing exercise, whereas in fact the said exercise had been frustrated and left incomplete. e) Being dissatisfied with the Trial Court’s Ruling, she lodged an Appeal, before this court raising substantial triable…

…issues, including the Trial Court’s improper assumption of jurisdiction in a matter statutorily reserved for the Land Registrar and the misapplication of the doctrine of exhaustion. f) She had filed the Appeal on the grounds…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…a history and/or chronology of events leading to the registration of title in the name of the Plaintiff/Applicant as there is a dispute as to the sale of the land and its completion process thereof which are weighty and triable…

…issues.…