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Mailula and Another v Matsi Law Chambers Inc (Leave to Appeal) (46358/2021) [2023] ZAGPPHC 659 (10 August 2023)
The High Court dismissed leave to appeal, holding the prior order was not appealable and that the respondent’s affidavits substantially complied with oath regulations.
Yudkoff v Raidoo and Another (4212/07) [2009] ZAKZPHC 78 (12 June 2009)
The court held that the affidavits supporting the section 26 application for enforcement of the maintenance order were irregular and invalid, as they were not signed or made by the actual deponent, but by Ms J Nel. The person in whose favour the maintenance order was made, Ms Raidoo, was available and should have deposed to the affidavits herself. The affidavits constituted hearsay evidence and were inadmissible, and there was no justification for the court to exercise its discretion to admit them under section 3 of the Evidence Law Amendment Act, 45 of 1988. The subsequent affidavit made by…
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