Affidavits and Motion Procedures

Practice flashcards covering the definition, legal requirements, contents, principles, and conflict resolution of affidavits based on the Evidence Act and specific Nigerian case law.

What is the definition of an affidavit?

A written statement of fact made by the maker under oath.

What is the specific name used to refer to the maker of an affidavit?

A deponent.

According to Order 31 Rule 1 Abuja and Order 43 Rule 1 Sub 1 Lagos, what is the mandatory requirement for every motion?

Every motion shall be supported by an affidavit.

In what specific legal circumstance is an affidavit NOT required for an application?

If the application is one brought on point of law.

Which 1917 case is cited to prove that applications on points of law do not need an affidavit?

EREJUWA II versus DEDUWA.

Every affidavit must comply with the provisions of which section of the Evidence Act?

Section 115.

What is the requirement if a deponent deposes an affidavit in a language other than the court's language (English)?

The affidavit must be translated, both the English and original language versions must be presented, and it must contain a jurat.

Which case is cited regarding the requirement for a jurat and translation for an affidavit?

Gundiri versus Nyako.

What specific personal details of the deponent must be included in the affidavit paper?

Name, nationality, religion, profession, and address.

If a deponent is not a party to the suit, what must be stated in the affidavit?

The person by whose authority the deponent depose.

If the facts in an affidavit are not within the deponent's personal knowledge, what must be stated?

The source of the knowledge or information.

What must an affidavit contain if the deponent is an illiterate or suffers from a disability such as visual impairment?

A jurat signed by an interpreter.

Under Section 107 of the Evidence Act, what may a court order in civil proceedings?

Proof of facts by affidavit evidence.

Which section of the Evidence Act mandates that an affidavit shall contain only statements of fact?

Section 115 sub one.

What four things are explicitly prohibited from being included in an affidavit?

Objections, prayers, legal arguments, and conclusions.

According to Section 115 sub three, what must a deponent state if making an assertion based on belief derived from other sources?

The facts and circumstances forming the grounds of their belief.

Under Section 115 sub four, what must a deponent provide if they derived information from an informant?

The name of the informant and reasonable particulars of the time, place, and circumstance of the information.

According to Section 112 of the Evidence Act, why can a Commissioner for Oaths or Notary Public not attest to an affidavit where they are the deponent?

They are disqualified to attest to an affidavit they are swearing themselves; a deponent shall not swear to an affidavit before himself.

Besides themselves, what two specific individuals is a deponent prohibited from swearing an affidavit before?

Their legal practitioner or their partner.

Under Section 114 of the Evidence Act, how can a defective or erroneous affidavit be rectified?

It may be amended and resworn by leave of court.

What is a counter affidavit?

A document filed by a party who intends to oppose an application.

What is the legal consequence if a respondent fails to file a counter affidavit?

The facts deposed to in the initial affidavit are deemed true.

Which 2018 case established that facts in an affidavit are deemed true if the respondent fails to file a counter affidavit?

Mato versus Hember.

According to the case of Okereiki versus Ajiofor, what are the requirements for an effective rebuttal in a counter affidavit?

It must be specific, clear, and unambiguous; general denials are not sufficient.

Which case confirms that a respondent need not file a counter affidavit if they only intend to reply on points of law?

Badajo versus Minister of Education.

What is a further affidavit?

An affidavit filed by the applicant to oppose facts deposed in a respondent's counter affidavit.

How does a court resolve conflicts in affidavits if there is no documentary evidence?

By calling oral evidence (oral examination of witnesses in court).

Which case and section of the Evidence Act govern the resolution of conflicts in affidavits?

Follow me against Follow me and Section 116 of the Evidence Act.