Principle

CIVIL PROCEDURE – Oral Evidence -Duty to call oral evidence on conflicting affidavits

Area of law: PRACTICE AND PROCEDURE
Court: Supreme Court

Irreconcilable conflicts in affidavit evidence cannot be resolved on paper. The court must hear oral evidence. The parties' failure to request cross-examination does not waive the need for oral evidence. The principle ensures that credibility is properly assessed. The court may order oral evidence on…

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