Principle

CIVIL PROCEDURE — Originating Summons — Affidavit Evidence — Failure to File Affidavit Renders Summons Incompetent

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Originating summons must be supported by affidavit evidence if it relies on facts. The court needs the affidavit to determine whether there is a factual dispute. Failure to file an affidavit renders the summons incompetent. The principle ensures that the court has the necessary material…

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