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The Application dated 12 February 2024 and supporting affidavit refer to documents that have not been produced as Exhibits. The said documents are the basis of the alleged admissions by the Defendant, and upon which, the Applicant seeks judgment on admission. The said documents ought to have been produced and annexed as annexures to the supporting affidavit and produced under oath.
The relevant exhibits are not available. In the absence of the same the court is unable to ascertain if the said admissions have been made by the Defendant and may not ascertain if there is a defence that ought to proceed to trial.
The court is unable to consider the Application on its merits and as such the Application is defective. The same is hereby struck out with costs
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The Application dated 12 February 2024 and supporting affidavit refer to documents that have not been produced as Exhibits. The said documents are the basis of the alleged admissions by the Defendant, and upon which, the Applicant seeks judgment on admission. The said documents ought to have been produced and annexed as annexures to the supporting affidavit and produced under oath.
The relevant exhibits are not available. In the absence of the same the court is unable to ascertain if the said admissions have been made by the Defendant and may not ascertain if there is a defence that ought to proceed to trial.
The court is unable to consider the Application on its merits and as such the Application is defective. The same is hereby struck out with costs
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