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Subject Matter Index

Browse cases by legal subject matter and principles

Amendment of Affidavit

2 subsidiary principles

Contents of an affidavit

3 cases

Counter affidavit

2 subsidiary principles

Counter-affidavit

21 subsidiary principles

Distinction between fact derived from personal knowledge with those from other sources

1 case

Duty of the Courts to evaluate facts set forth by an applicant in the absence of a counter-affidavit

1 case

Duty of the opposing party where specific, material and detailed allegation of facts are made by the other party in an affidavit

1 case

Effect of a defective affidavit

1 case

Effect of affidavit evidence not supported with facts or documents

2 cases

Effect of affidavit that is not sworn to before a commissioner for oath

1 case

Effect of an affidavit containing a legal argument and conclusion

1 case

Effect of an affidavit containing paragraphs contrary to Section 115 of the Evidence Act, 2011

8 cases

Effect of an affidavit not containing the description and place of abode of the deponent

1 case

Effect of an affidavit not sworn to or affirmed

1 case

Effect of an affidavit sworn to at an unknown registry

1 case

Effect of an affidavit that fails to comply with the provisions of the Oaths Act and the Evidence Act

1 case

Effect of an affidavit that is self-contradictory or contains inconsistent averments

6 cases

Effect of an affidavit which contains extraneous matter

1 case

Effect of an affidavit which fails to comply with the provisions of the Evidence Act

1 case

Effect of an averment in an affidavit that has not been specifically and directly denied

1 case

Effect of an unchallenged affidavit

1 case

Effect of an unsworn and unsigned affidavit

1 case

Effect of a vague affidavit evidence

1 case

Effect of averments in an affidavit made by a person without direct knowledge of the facts

1 case

Effect of averments in an affidavit that are not denied

2 cases

Effect of contradictions between an annexure to an affidavit and a paragraph of the affidavit

1 case

Effect of contradictions in a party's affidavit

1 case

Effect of depositions in a matter decided on affidavit evidence

1 case

Effect of facts in an affidavit not challenged, not contradicted and not controverted by a party

3 cases

Effect of failure of a deponent to disclose his source of information in the affidavit

1 case

Effect of failure of the respondent to deny specific allegations of fact in the applicant's affidavit

1 case

Effect of failure to address facts stated in a counter-affidavit or further affidavit

1 case

Effect of failure to attach a certified copy of the proceedings where required in an affidavit

1 case

Effect of failure to controvert/challenge depositions in an affidavit

48 cases

Effect of failure to rebut a legal assertion in an affidavit

1 case

Effect of hearsay matters in an affidavit

3 cases

Effect of introducing new facts in a further affidavit

1 case

Effect of lack of jurat on an affidavit

2 cases

Effect of not deposing to a fact in an affidavit

1 case

Effect of unchallenged facts in an affidavit

8 cases

Effect of uncontradicted averments in an affidavit

6 cases

Exception to the admissibility of unchallenged averments in an affidavit

1 case

Exception to the general rule that a court cannot resolve conflicting affidavits without recourse to oral evidence

1 case

Exception to the rule that uncontroverted averments in an affidavit are deemed admitted and require no further proof

1 case

Further Affidavit

8 subsidiary principles

Further and better particulars

1 subsidiary principles

How a denial in an affidavit should be

1 case

How an averment in an affidavit should be denied

1 case

How conflicts in affidavits should be resolved

44 cases

How contradictions in affidavit evidence can be resolved

2 cases

How to determine what would constitute a valid deposition on oath

1 case

How to determine whether a deposition or paragraph is contrary to the provisions of Section 115(2) of the Evidence Act, 2011

1 case

Legal status of an affidavit

1 case

Meaning and Nature of Affidavit and Counter-Affidavit

1 case

Meaning and nature of an affidavit

1 case

Nature of affidavit evidence

4 cases

Nature of an affidavit

3 cases

Need for affidavits not to contain objections, prayers, legal arguments and conclusions

2 cases

Order to be made where an affidavit contains legal arguments

1 case

Position of the law on the admissibility of affidavit evidence

1 case

Position of the law where an affidavit is found to be defective as a result of an omission or inaction by the court official before whom it was sworn

1 case

Position of the law where a party has not sworn to an affidavit personally

1 case

Principles governing the resolution of conflicts in affidavits

3 cases

Proper order to be made where an affidavit fails to comply with the provisions of the Evidence Act

1 case

Proper time to object to the competence of an affidavit

1 case

Purpose of an affidavit

1 case

Standard to be complied with by an affidavit

1 case

Supplementary Affidavit

5 subsidiary principles

Test for determining whether an affidavit contains extraneous matters

3 cases

Test used to distinguish facts and circumstances from legal arguments and conclusions in an affidavit

2 cases

The burden on a party who has created contradictions in his affidavit

1 case

The essential characteristic of an affidavit

1 case

The implication of a fact deposed in an affidavit which is not entered, controverted or challenged

4 cases

The importance of an affidavit in an application for the enforcement of fundamental rights

1 case

The most important feature in an affidavit

1 case

The need for an affidavit to prove the reliefs sought in an application

1 case

The position of the law on the requirement of an affidavit

1 case

The principle that a deponent to an affidavit is only to show personal knowledge of facts

1 case

The principle that all affidavits should be filed before arguments are opened; and may also be filed after commencement of arguments only with the permission of the court

2 cases

The principle that an affidavit must contain only facts

3 cases

The principle that an affidavit must not contain extraneous matters

4 cases

The principle that an affidavit succeeds on its merits notwithstanding the absence of a counter-affidavit

4 cases

The principle that paragraphs of an affidavit that are not denied are deemed to be admitted

2 cases

The principle that specific allegations of facts in an affidavit must be specifically denied

1 case

The proper party to depose to an affidavit in an application for judicial review

1 case

The proper way to challenge the veracity of facts deposed in an affidavit

1 case

The purpose of a witness deposing to an affidavit

1 case

The purpose of filing affidavit in an undefended suit

1 case

The rationale for employing documentary evidence in resolving conflicts in affidavits

1 case

The rule that a deponent must identify himself by attaching his passport

1 case

The rule that a Judge can use authentic documentary evidence supporting any of the affidavits before him to arrive at a just decision

1 case

The rule that all attachments attached to the Affidavit form part of the Affidavit

1 case

The rule that conflicts in affidavits must relate to material issues

2 cases

The rule that the power to strike out affidavits for being argumentative or containing hearsay matters, or unnecessarily prolix is discretionary

1 case

The rule that when cases are tried upon affidavit evidence, the facts or depositions in such affidavits have to be proved like averments in pleadings

1 case

Ways in which an affidavit may be defective

1 case

What a defective affidavit connotes

2 cases

What makes an affidavit competent to support a motion

1 case

When an Affidavit will be valid in Law

3 cases

When reference will be said to have been made to a document in an affidavit

1 case

Whether a counter-affidavit is necessary where the main affidavit is self-contradictory

1 case

Whether a court can consider documents outside a party's affidavit

1 case

Whether a court can suo motu resolve conflicts in an affidavit

4 cases

Whether a defect as regards the swearing of oath renders an affidavit defective

1 case

Whether a defective affidavit can be amended and re-sworn

1 case

Whether a defective affidavit can be used

3 cases

Whether a defective affidavit is fatal

1 case

Whether a document can properly be tendered by referring to it in an affidavit

1 case

Whether a document exhibited in an affidavit is part of that affidavit

3 cases

Whether affidavit evidence can be used in determination of all issues

1 case

Whether affidavit evidence constitutes pleadings

2 cases

Whether affidavit evidence is sacrosanct

1 case

Whether affidavits and counter-affidavits are given due considerations in the course of deciding a case

1 case

Whether affidavits are the same as pleadings

2 cases

Whether a law clerk in a law chambers can swear to an affidavit

1 case

Whether a lawyer can depose to an affidavit

3 cases

Whether a litigant must specifically deny allegations or facts in an opposing affidavit

1 case

Whether all documents attached to an affidavit form part of the affidavit

2 cases

Whether a mistake in the heading of an affidavit renders it defective

1 case

Whether an affidavit can be headed and filed in a court other than the court in which it is sought to be used

2 cases

Whether an affidavit constitutes evidence

3 cases

Whether an affidavit deposed to by a legal practitioner is inadmissible

1 case

Whether an affidavit deposed to with the consent and authority of the co-plaintiff/co-defendant can be used by both parties

1 case

Whether an affidavit earlier used in the course of proceedings can still be referred to in making a determination on an issue

1 case

Whether an affidavit in a struck out motion can be relied on in the repeated motion

1 case

Whether an affidavit is incompetent because of a curable omission or irregularity

1 case

Whether an affidavit qualifies as documentary evidence

1 case

Whether an affidavit sworn to by more than one deponent is binding on all of them

1 case

Whether an Affidavit titled Sharia Court of Appeal and sworn to in that court can be used in the Court of Appeal

1 case

Whether an affidavit where the oaths clause has been omitted would enjoy the legal protection of substantial compliance

1 case

Whether an attorney who deposes to an affidavit must exhibit his power of attorney before it will be admitted by the court

1 case

Whether an unsworn affidavit can be amended

2 cases

Whether an unsworn affidavit is fundamentally defective

1 case

Whether a party can cross-examine any person who has filed an affidavit

1 case

Whether a party needs leave of the court to file a reply to an affidavit in opposition

1 case

Whether a respondent can point out contradictions in an affidavit without filing a counter-affidavit

1 case

Whether a trial judge can rely on a document not exhibited in the supporting affidavit

1 case

Whether cases can be determined by affidavit evidence

1 case

Whether conflicts in affidavit evidence can be resolved at the interlocutory stage

1 case

Whether conflicts in affidavits on the location of the registered office of a company should be resolved by oral evidence

1 case

Whether documentary evidence can be used to resolve conflicts in affidavits

9 cases

Whether documents in an affidavit can be objected to before the substantive action comes up for hearing

2 cases

Whether every competent witness is qualified to swear to an affidavit

1 case

Whether every deposition in an affidavit qualifies for cross-examination

1 case

Whether facts in affidavits are required to be proved in cases tried upon affidavit evidence

1 case

Whether failure to attach the certificate of the person before whom an affidavit is sworn where an exhibit is attached to an affidavit is a fundamental defect

1 case

Whether failure to file an affidavit in opposition means an automatic grant of the application

1 case

Whether failure to file an affidavit in opposition means that the other party does not intend to oppose the application

1 case

Whether hearsay depositions are admissible in interlocutory proceedings

1 case

Whether it is necessary to file a counter­-affidavit or reply affidavit to controvert irrelevant or vague depositions of fact

1 case

Whether officers of a law firm can depose to an affidavit on behalf of a party

1 case

Whether or not affidavit evidence is admissible to contradict the record of proceedings of a tribunal/committee

1 case

Whether photocopies of documents annexed to affidavits automatically become exhibits of trial

1 case

Whether the absence of a properly sworn supporting affidavit is so fundamental that the application can be said not to have been commenced at all

1 case

Whether the affixing of different passport photographs to the affidavit and further and better affidavit is fatal

1 case

Whether the court can accept the last affidavit in point of time as the true position of matters merely because the other side failed to file a counter-affidavit

1 case

Whether the court can act on uncontroverted affidavit evidence

5 cases

Whether the court can arrive at a conclusion where the only evidence before it are affidavits of the parties

1 case

Whether the court can determine issues of fraud by affidavit evidence

1 case

Whether the court can dismiss a case where parties fail to offer oral evidence to resolve conflicts in affidavits

1 case

Whether the Court can resolve conflict in affidavit evidence by evaluating the conflicting evidence

1 case

Whether the court has power to strike out depositions which are deemed scandalous and offensive

1 case

Whether the court is bound to call oral evidence to resolve conflicts in affidavits

9 cases

Whether the court must call for oral evidence to resolve every conflict in affidavit evidence

11 cases

Whether the courts should call oral evidence of resolve conflicts in affidavits in an application for the enforcement of fundamental rights

1 case

Whether the failure of a deponent to comply with the format prescribed in the Oaths Act would render the affidavit incompetent

2 cases

Whether the filing of affidavit in interlocutory applications makes the deponent compellable to adduce evidence at the trial

1 case

Whether there is a need to call oral evidence in support of an affidavit

1 case

Whether there is a need to call oral evidence in the absence of conflicting affidavits

1 case

Whether unchallenged averments in an affidavit are deemed admissible

1 case

Whether waiver and estoppel are allowed in affidavits

1 case

Who can depose to an affidavit?

1 case

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