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…under section 33 of the Evidence Act because it was not established that the maker of the report was dead, or could not be found or had become incapable of giving evidence or his attendance could not be procured without an unreasonable…

…delay or expense nor was it established that it was made in the ordinary course of business in the discharge of professional duty.…

…Respondents filed grounds of opposition dated 23rd July, 2007 in which six grounds are raised in the following terms. 1) The application is incompetent and does not lie. 2) The application has been brought after an inordinate and unreasonable…

…delay. 3) The application is without merit, and is calculated to dealy the expeditious determination of this matter, which delay shall prejudice the Defendants greatly. 4) The Plaintiffs would not suffer any prejudice if…

…Respondents filed grounds of opposition dated 23rd July, 2007 in which six grounds are raised in the following terms. 1) The application is incompetent and does not lie. 2) The application has been brought after an inordinate and unreasonable…

…delay. 3) The application is without merit, and is calculated to dealy the expeditious determination of this matter, which delay shall prejudice the Defendants greatly. 4) The Plaintiffs would not suffer any prejudice if…

…reasons being shown, but the Court must under 0.41r.4 of the Civil Procedure Rules be satisfied (a) thatsubstantial loss may result to the applicant unless the orderis made; (b) That the application has been madewithout unreasonable…

…delay, and (c) Security has been given by the applicantfor the due performance of such decree ororder as may be ultimately binding upon him-.…