Search court decisions

…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…

…He however filed ground of opposition contending that the defence is reasonable and that there are triable issues.…

…On the other hand Miss Manyasi, the learned counsel for the respondent, submitted that the defence though made up of denials raised a triable issue as the liability for shs 4.2 million was denied.…

…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…

…DEFENDANT RULING This is an application for judgment to be entered against the defendant on the ground that the defendant has admitted the claim and that the defence filed by it herein is a mere denial which raises no triable…

…issues.…

…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.…

…Besides words and words, it discloses no bona fide triable issues. I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest.…

…I raise triable issues. Further the mistake of the advocate’s clerk or the advocate as the case may be should not be visited upon the litigant.…

…The defendants claim there are triable issues. I hold that the defendants do not deny owing the plaintiffs premiums due. I believe their submission.…

…The defendant has not shown any evidence showing lack of consideration to satisfy me that there is genuine triable issue.…

…I therefore hold that the defendant has not shown that it has any bona fide triable issues in this matter and accordingly I enter judgment in favour of the plaintiff against the defendant for Kshs 1,795,595.85 together with…

…The plaintiff has been able to establish on the face of the matter that there are triable issues.…

…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.…

…principles enunciated in Zola’s case and added: “This Court on appeal will therefore examine the decision of the Judge in the Court below together with the material before him to see if there really was an arguable defence or triable…

…issues raised.”…

…The plaintiff has been able to establish on the face of the matter that there are triable issues.…

…The plaintiff has been able to establish on the face of the matter that there are triable issues.…

…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.…

…action was statute barred, who was in breach of the agreement, whether the transfer to the 2nd defendant was fraudulent and the effect of failure to obtain consent from the Land Control Board as between the parties are all triable…

…issues which in my view cannot be decided by a summary procedure.…

…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…

…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…

…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…