19. Decision on application.
20. Dispaupering.
21. Time for payment of fees.
22. Objection by pauper.
23. Inquiry into pauperism.
THE SCHEDULE .
THE RULES
ORDER 1: AFFIDAVIT
1.
(1)
(2)
(3)
2.
3.
Any Court may at any time for sufficient reasons to be recorded in the trial of the
suit, order that any particular fact or facts may be proved by affidavit or that the
affidavit of any witness may be admitted at the hearing.
Where it appears to the Court that either party desires the production of a witness
for cross-examination and that such witness can be produced, an order may not be
made authorizing the evidence of such witness by affidavit;
Where an evidence is given by affidavit, the Court may, at the instance of either
party, order the attendance for cross-examination of the witness.
Affidavits shall be confined to such facts as the witness is able of his own knowledge to
prove, except in interlocutory application, in which case statement of his belief may be
admitted; provided that the grounds thereof are stated.
(1)
Where any person desires to swear or affirm any matter he shall produce to the
Court such matter in writing.
(2)
The form of oath or affirmation shall be that in use in the Court
(3)
After the oath has been taken or the affirmation made the writing shall be read
through by the person producing it or in his hearing and shall be signed by him.
4.
The Judge shall endorse upon the writing a certificate under his hand and the seal of the
Court that the matter therein was sworn to or affirmed, as the case may be, in his
presence and subscribed by the person taking the oath or making the affirmation upon the
date of such oath or affirmation.
5.
Where the certificate is required to be made in special form for use abroad, the Judge
may make the certificate in that form.
6.
(1)
The Chief Justice may from time to time by commission signed by him appoint
any person being a practicing advocate to be a Commissioner for Oaths and may revoke
any such appointment.
Note: Oath includes customary evidential oath.
74
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