Court of Appeal admits affidavit in application for an extension of time to appeal against High Court order, finding that: 1) the defendant’s affidavit giving his place of business as his “place of abode” was permissible under the rules; and 2) the fact that an affidavit may contain hearsay does not mean that it is inadmissible.
Commercial law – affidavits – extension of time within which to appeal against an order High Court – admissibility of the defendant’s affidavit – whether there has a been failure to comply with the rules of court in that in swearing the affidavit – Order 40, r. 4 RSC – affidavit did not show the place of residence – that an affidavit may contain hearsay does not mean that it is inadmissible – affidavit admissible.