Affidavits Flashcards
What is an affidavit
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
Why is the oath or affirmation administered for affidavits
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
How are affidavits corrected
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
What general formalities maths and affidavit comply with
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
List five continents of an affidavit
Locus standi
Legal capacity
Jurisdiction
Urgency
Grounds for relief
Which rule in the magistrates court rules deal with urgency
Rule 55(5)
Which rule in the High Court rules deals with urgency
Rule 16(12)(b)
If the founding affidavit fails to disclose a course of action what relief is available to the respondent
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