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High Court refuses plaintiff's application to cross-examine deponents of the defendants' affidavits in a case concerning allegations of trespass and nuisance, on the grounds that the plaintiff failed to specify conflicts of evidence that would necessitate cross-examination for the defendants' motion to strike out the proceedings as frivolous and an abuse of process, the court emphasising that cross-examination is not an automatic right in interlocutory applications and is only granted to resolve material conflicts of fact essential for determining the application.
Cross-examination - trespass - nuisance - interlocutory application - Order 19 rule 28 RSC - Order 40 rule 1 RSC - strike out proceedings - frivolous - abuse of process - affidavit - conflict of evidence - summary judgment - access to justice - dismissal application - mortgage - receiver appointment - fraud allegations - plenary summons - inherent jurisdiction - constitutional right - litigation.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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