Affidavits Flashcards

1
Q

What is an affidavit

A

An affidavit is a statement made Under information or horse also called a sworn statement which is signed and affirmed or sworn to buy the person making the statement known as the deponent before the Commissioner of oath

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2
Q

Why is the oath or affirmation administered for affidavits

A

Because the information contained in the affidavit constitutes evidence. In the same way a witness taking the witness stand in action proceedings has to take the Oath or affirmation before giving evidence a deponent testifying on paper must do the same

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3
Q

How are affidavits corrected

A

Once an affidavit is deposed to It cannot be amended using the rules of court rather the deponent Must seek the leave of court to submit a further affidavit to explain and correct the incorrect statement in the earlier affidavit

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4
Q

What general formalities maths and affidavit comply with

A

In general and affidavit is drafted in the first person

It She is divided into numbered paragraphs each of which contain a separate allegation and wait for some reason it is more convenient to make more than one allegation in one paragraph these paragraph should be divided into sub paragraphs

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5
Q

List five continents of an affidavit

A

Locus standi

Legal capacity

Jurisdiction

Urgency

Grounds for relief

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6
Q

Which rule in the magistrates court rules deal with urgency

A

Rule 55(5)

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7
Q

Which rule in the High Court rules deals with urgency

A

Rule 16(12)(b)

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8
Q

If the founding affidavit fails to disclose a course of action what relief is available to the respondent

A

The respondent is entitled to ask the court to dismiss the application on the grounds that it does not disclose The grounds on which the relief may be granted in other words the respondent has no case to meet

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