On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/04/2006.
ORDER 41
AFFIDAVITS
1.
—(1) Subject to paragraphs (2) and (3), every affidavit sworn in a cause or matter must be entitled in that cause or matter.
(2) Where a cause or matter is entitled in more than one matter, it shall be sufficient to state the first matter followed by the words “and other matters”, and where a cause or matter is entitled in a matter or matters and between parties, that part of the title which consists of the matter or matters may be omitted.
(3) Where there are more plaintiffs than one, it shall be sufficient to state the full name of the first followed by the words “and others”, and similarly with respect to defendants.
(4) Every affidavit must be expressed in the first person and, unless the Court otherwise directs, must state the place of residence of the deponent and his occupation or, if he has none, his description, and if he is, or is employed by, a party to the cause or matter in which the affidavit is sworn, the affidavit must state that fact:
Provided that in the case of a deponent who is giving evidence in a professional, business or other occupational capacity the affidavit may, instead of stating the deponent’s place of residence, state the address at which he works, the position he holds and the name of his firm or employer, if any.
(5) Every affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.
(6) Dates, sums and other numbers must be expressed in an affidavit in figures and not in words.
(7) Every affidavit must be signed by the deponent and the attestation6 must be completed and signed by the person before whom it is sworn.
(8) An attestation6 must be in one of the forms in Form 78.
2.
—(1) Where an affidavit is made by 2 or more deponents, the names of the persons making the affidavit must be inserted in the attestation6 except that, if the affidavit is sworn by both or all the deponents at one time before the same person, it shall be sufficient to state that it was sworn by both (or all) of the abovenamed deponents.
(2) When the oath is administered to deponents in different languages, there shall be a separate attestation6 for those sworn in each language.
3. Where it appears to the person administering the oath that the deponent is illiterate or blind, he must certify in the attestation6 that —
(a)
the affidavit was read in his presence to the deponent;
(b)
the deponent seemed perfectly to understand it; and
(c)
the deponent made his signature or mark in his presence,
and the affidavit shall not be used in evidence without such a certificate unless the Court is otherwise satisfied that it was read to and appeared to be perfectly understood by the deponent.
4. An affidavit may, with the leave of the Court, be filed or used in evidence notwithstanding any irregularity in the form thereof.
5.
—(1) Subject to the other provisions of these Rules, an affidavit may contain only such facts as the deponent is able of his own knowledge to prove.
(2) An affidavit sworn for the purpose of being used in interlocutory proceedings may contain statements of information or belief with the sources and grounds thereof.
6. The Court may order to be struck out of any affidavit any matter which is scandalous, irrelevant or otherwise oppressive.
7.
—(1) An affidavit which has in the attestation 6 or body thereof any interlineation, erasure or other alteration shall not be filed or used in any proceeding without the leave of the Court unless the person before whom the affidavit was sworn has initialled the alteration and, in the case of an erasure, has re-written in the margin of the affidavit any words or figures written on the erasure and has signed or initialled them.
(2) No alteration shall be made in any affidavit after it has been filed, but, before an affidavit is filed, alterations may be made therein and the affidavit must be re-sworn with a further attestation6 commencing with the word “re-sworn”, added.
8. No affidavit shall be sufficient if sworn before a commissioner for oaths who is a solicitor of the party on whose behalf the affidavit is to be used or before any member of the firm of that solicitor.
9.
—(1) Except as otherwise provided by these Rules, every affidavit must be filed in the Registry.
(2) Every affidavit must be endorsed with a note showing on whose behalf it is filed and the dates of swearing and filing, and an affidavit which is not so endorsed may not be filed or used without the leave of the Court.
10.
—(1) Subject to paragraph (2), an original affidavit may be used in proceedings with the leave of the Court, notwithstanding that it has not been filed in accordance with Rule 9.
(2) An original affidavit may not be used in any proceedings unless it has previously been stamped with the appropriate fee.
(3) Where an original affidavit is used then, unless the party whose affidavit it is undertakes to file it, he must immediately after it is used file it with the proper officer in the Registry.
(4) Where an affidavit has been filed, an office copy thereof may be used in any proceedings.
11.
—(1) Any document to be used in conjunction with an affidavit must be exhibited and a copy thereof annexed to the affidavit.
(2) Any exhibit to an affidavit must be identified by a certificate of the person before whom the affidavit is sworn.
The certificate must be entitled in the same manner as the affidavit and Rule 1(1), (2) and (3) shall apply accordingly.
12. A document purporting to have affixed or impressed thereon or subscribed thereto the seal or signature of a court, judge, notary public or person having authority to administer oaths in any country in testimony of an affidavit being taken before it or him shall be admitted in evidence without proof of the seal or signature being the seal or signature of that court, judge, notary public or person.