Affidavit (53)
HELD:
"When a matter is fought on affidavit evidence or where a document is attached to an affidavit in a matter, any document attached thereto forms part of that affidavit and is therefore already in evidence before the Court.
HELD:
HELD:
"It is a general principle of law that facts pleaded, or averments deposed to in an affidavit, if not specifically challenged or controverted, are deemed admitted and require no further proof, except where the facts are obviously false to the knowledge of the Court.
HELD:
"It remains to state that as rightly held by the lower Court, the Appellants and the 2nd Respondent did not file any counter affidavit to challenge the facts deposed to in the 1st Respondent's supporting affidavit.
HELD:
"The law on how to deal with conflicting affidavits evidence is settled.
HELD:
"Section 115 of the Evidence Act 2011 provides:
HELD:
"Concerning the application being determined in the ruling, it is worthy of note that the respondent did not file a counter-affidavit to challenge the facts presented to this Court by the appellant/applicant.