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The affidavit supporting the application was defective as it was based entirely on information supplied by the applicants and not within the advocate's personal knowledge, contrary to established legal principles. The application, being supported by a defective affidavit, is incompetent and must be struck out.
Source excerpt
The High Court Land Division struck out a land application after finding it was backed by a defective affidavit sworn by counsel on matters outside personal knowledge.
The High Court struck out a land appeal after upholding a preliminary objection that the supporting affidavit, sworn by counsel, was defective and unreliable.
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