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Practice and procedure: " affidavit " answering affidavit " purpose of " should only answer factual averments contained in opposing affidavit " may not be used to cure legal defects
Practice and procedure: " affidavit " foreign affidavit " onus of proof " upon party presenting affidavit " authentication of foreign affidavit " foreign affidavit not authenticated properly by notary " affidavit a nullity
Practice and procedure: " judgment " rescission " court's inherent jurisdiction " common law circumstances in which granted " fraud " supporting evidence required " where rescission may be ordered mero moto " court limited to record
Practice and procedure: " parties " locus standi " ability to establish cause of action " ratification of authority distinguished from substitution of party
Practice and procedure: " parties " locus standi " curator bonis " limited powers to represent estate " governed by s 22 of Administration of Estates Act [Chapter 6:01]
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