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Law Student (None)     25 March 2013

Examination by affidavit instead of appearing as witness (wb

 

Two brothers inherited a flat with an occupier who does not pay rent. It is not known
if he was a tenant in the past. He may try to portray himself as a tenant.
 
The brothers require the flat for their personal use and wants to evict the occupier.
One brother resides in a different city and not very keen to have to come to court.
 
If both brothers file suit together against the occupier, can the occupier call the
non-resident brother as witness as a harassment/delaying technique?
 
Can the non-resident brother submit an affidavit stating what he knows about the case
instead of coming to court to testify?
Will the court take into consideration the fact that it is difficult for him to attend
court as the hearing may be adjourned many times?


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