R U L I N G
The Plaintiff/Applicant on 17th November, 2016, filed a motion on notice for leave to file additional evidence to rely on during the trial of this case.
The affidavit in support of the application was deposed to by Counsel for the Plaintiff/Applicant.
In paragraph 4 of the affidavit in support of the Application, Counsel for the Plaintiff/Applicant states he has the authority of the Plaintiff/Applicant to depose to the affidavit.
Counsel deposes in paragraph 3 to 10 of the supporting affidavit, some medical conditions being suffered by the Plaintiff/Applicant pursuant to the institution of the present action, and hence the need for the present application.
At the hearing of the application for leave to file additional evidence to rely on during trial, the Defendant/Respondent raised an objection to the competence of the application stating the following:
That in the affidavit in support of the motion, the deponent did not indicate the source of his i…