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Contents of an affidavit
Distinction between fact derived from personal knowledge with those from other sources
Duty of the Courts to evaluate facts set forth by an applicant in the absence of a counter-affidavit
Duty of the opposing party where specific, material and detailed allegation of facts are made by the other party in an affidavit
Effect of a defective affidavit
Effect of affidavit evidence not supported with facts or documents
Effect of affidavit that is not sworn to before a commissioner for oath
Effect of an affidavit containing a legal argument and conclusion
Effect of an affidavit containing paragraphs contrary to Section 115 of the Evidence Act, 2011
Effect of an affidavit not containing the description and place of abode of the deponent
Effect of an affidavit not sworn to or affirmed
Effect of an affidavit sworn to at an unknown registry
Effect of an affidavit that fails to comply with the provisions of the Oaths Act and the Evidence Act
Effect of an affidavit that is self-contradictory or contains inconsistent averments
Effect of an affidavit which contains extraneous matter
Effect of an affidavit which fails to comply with the provisions of the Evidence Act
Effect of an averment in an affidavit that has not been specifically and directly denied
Effect of an unchallenged affidavit
Effect of an unsworn and unsigned affidavit
Effect of a vague affidavit evidence
Effect of averments in an affidavit made by a person without direct knowledge of the facts
Effect of averments in an affidavit that are not denied
Effect of contradictions between an annexure to an affidavit and a paragraph of the affidavit
Effect of contradictions in a party's affidavit
Effect of depositions in a matter decided on affidavit evidence
Effect of facts in an affidavit not challenged, not contradicted and not controverted by a party
Effect of failure of a deponent to disclose his source of information in the affidavit
Effect of failure of the respondent to deny specific allegations of fact in the applicant's affidavit
Effect of failure to address facts stated in a counter-affidavit or further affidavit
Effect of failure to attach a certified copy of the proceedings where required in an affidavit
Effect of failure to controvert/challenge depositions in an affidavit
Effect of failure to rebut a legal assertion in an affidavit
Effect of hearsay matters in an affidavit
Effect of introducing new facts in a further affidavit
Effect of lack of jurat on an affidavit
Effect of not deposing to a fact in an affidavit
Effect of unchallenged facts in an affidavit
Effect of uncontradicted averments in an affidavit
Exception to the admissibility of unchallenged averments in an affidavit
Exception to the general rule that a court cannot resolve conflicting affidavits without recourse to oral evidence
Exception to the rule that uncontroverted averments in an affidavit are deemed admitted and require no further proof
How a denial in an affidavit should be
How an averment in an affidavit should be denied
How conflicts in affidavits should be resolved
How contradictions in affidavit evidence can be resolved
How to determine what would constitute a valid deposition on oath
How to determine whether a deposition or paragraph is contrary to the provisions of Section 115(2) of the Evidence Act, 2011
Legal status of an affidavit
Meaning and Nature of Affidavit and Counter-Affidavit
Meaning and nature of an affidavit
Nature of affidavit evidence
Nature of an affidavit
Need for affidavits not to contain objections, prayers, legal arguments and conclusions
Order to be made where an affidavit contains legal arguments
Position of the law on the admissibility of affidavit evidence
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
Position of the law where a party has not sworn to an affidavit personally
Principles governing the resolution of conflicts in affidavits
Proper order to be made where an affidavit fails to comply with the provisions of the Evidence Act
Proper time to object to the competence of an affidavit
Purpose of an affidavit
Standard to be complied with by an affidavit
Test for determining whether an affidavit contains extraneous matters
Test used to distinguish facts and circumstances from legal arguments and conclusions in an affidavit
The burden on a party who has created contradictions in his affidavit
The essential characteristic of an affidavit
The implication of a fact deposed in an affidavit which is not entered, controverted or challenged
The importance of an affidavit in an application for the enforcement of fundamental rights
The most important feature in an affidavit
The need for an affidavit to prove the reliefs sought in an application
The position of the law on the requirement of an affidavit
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
The principle that an affidavit must contain only facts
The principle that an affidavit must not contain extraneous matters
The principle that an affidavit succeeds on its merits notwithstanding the absence of a counter-affidavit
The principle that paragraphs of an affidavit that are not denied are deemed to be admitted
The principle that specific allegations of facts in an affidavit must be specifically denied
The proper party to depose to an affidavit in an application for judicial review
The proper way to challenge the veracity of facts deposed in an affidavit
The purpose of a witness deposing to an affidavit
The purpose of filing affidavit in an undefended suit
The rationale for employing documentary evidence in resolving conflicts in affidavits
The rule that a deponent must identify himself by attaching his passport
The rule that a Judge can use authentic documentary evidence supporting any of the affidavits before him to arrive at a just decision
The rule that all attachments attached to the Affidavit form part of the Affidavit
The rule that conflicts in affidavits must relate to material issues
The rule that the power to strike out affidavits for being argumentative or containing hearsay matters, or unnecessarily prolix is discretionary
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
Ways in which an affidavit may be defective
What a defective affidavit connotes
What makes an affidavit competent to support a motion
When an Affidavit will be valid in Law
When reference will be said to have been made to a document in an affidavit
Whether a counter-affidavit is necessary where the main affidavit is self-contradictory
Whether a court can consider documents outside a party's affidavit
Whether a court can suo motu resolve conflicts in an affidavit
Whether a defect as regards the swearing of oath renders an affidavit defective
Whether a defective affidavit can be amended and re-sworn
Whether a defective affidavit can be used
Whether a defective affidavit is fatal
Whether a document can properly be tendered by referring to it in an affidavit
Whether a document exhibited in an affidavit is part of that affidavit
Whether affidavit evidence can be used in determination of all issues
Whether affidavit evidence constitutes pleadings
Whether affidavit evidence is sacrosanct
Whether affidavits and counter-affidavits are given due considerations in the course of deciding a case
Whether affidavits are the same as pleadings
Whether a law clerk in a law chambers can swear to an affidavit
Whether a lawyer can depose to an affidavit
Whether a litigant must specifically deny allegations or facts in an opposing affidavit
Whether all documents attached to an affidavit form part of the affidavit
Whether a mistake in the heading of an affidavit renders it defective
Whether an affidavit can be headed and filed in a court other than the court in which it is sought to be used
Whether an affidavit constitutes evidence
Whether an affidavit deposed to by a legal practitioner is inadmissible
Whether an affidavit deposed to with the consent and authority of the co-plaintiff/co-defendant can be used by both parties
Whether an affidavit earlier used in the course of proceedings can still be referred to in making a determination on an issue
Whether an affidavit in a struck out motion can be relied on in the repeated motion
Whether an affidavit is incompetent because of a curable omission or irregularity
Whether an affidavit qualifies as documentary evidence
Whether an affidavit sworn to by more than one deponent is binding on all of them
Whether an Affidavit titled Sharia Court of Appeal and sworn to in that court can be used in the Court of Appeal
Whether an affidavit where the oaths clause has been omitted would enjoy the legal protection of substantial compliance
Whether an attorney who deposes to an affidavit must exhibit his power of attorney before it will be admitted by the court
Whether an unsworn affidavit can be amended
Whether an unsworn affidavit is fundamentally defective
Whether a party can cross-examine any person who has filed an affidavit
Whether a party needs leave of the court to file a reply to an affidavit in opposition
Whether a respondent can point out contradictions in an affidavit without filing a counter-affidavit
Whether a trial judge can rely on a document not exhibited in the supporting affidavit
Whether cases can be determined by affidavit evidence
Whether conflicts in affidavit evidence can be resolved at the interlocutory stage
Whether conflicts in affidavits on the location of the registered office of a company should be resolved by oral evidence
Whether documentary evidence can be used to resolve conflicts in affidavits
Whether documents in an affidavit can be objected to before the substantive action comes up for hearing
Whether every competent witness is qualified to swear to an affidavit
Whether every deposition in an affidavit qualifies for cross-examination
Whether facts in affidavits are required to be proved in cases tried upon affidavit evidence
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
Whether failure to file an affidavit in opposition means an automatic grant of the application
Whether failure to file an affidavit in opposition means that the other party does not intend to oppose the application
Whether hearsay depositions are admissible in interlocutory proceedings
Whether it is necessary to file a counter-affidavit or reply affidavit to controvert irrelevant or vague depositions of fact
Whether officers of a law firm can depose to an affidavit on behalf of a party
Whether photocopies of documents annexed to affidavits automatically become exhibits of trial
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
Whether the affixing of different passport photographs to the affidavit and further and better affidavit is fatal
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
Whether the court can act on uncontroverted affidavit evidence
Whether the court can arrive at a conclusion where the only evidence before it are affidavits of the parties
Whether the court can determine issues of fraud by affidavit evidence
Whether the court can dismiss a case where parties fail to offer oral evidence to resolve conflicts in affidavits
Whether the Court can resolve conflict in affidavit evidence by evaluating the conflicting evidence
Whether the court has power to strike out depositions which are deemed scandalous and offensive
Whether the court is bound to call oral evidence to resolve conflicts in affidavits
Whether the court must call for oral evidence to resolve every conflict in affidavit evidence
Whether the courts should call oral evidence of resolve conflicts in affidavits in an application for the enforcement of fundamental rights
Whether the failure of a deponent to comply with the format prescribed in the Oaths Act would render the affidavit incompetent
Whether the filing of affidavit in interlocutory applications makes the deponent compellable to adduce evidence at the trial
Whether there is a need to call oral evidence in support of an affidavit
Whether there is a need to call oral evidence in the absence of conflicting affidavits
Whether unchallenged averments in an affidavit are deemed admissible
Whether waiver and estoppel are allowed in affidavits
Who can depose to an affidavit?
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