Description
Exchequer receipt for filing fees – date of issuance of an exchequer receipt and date of lodging a document in court – errors of the court – defective affidavit – expunging offensive paragraphs.
1. A document is lodged when the fee for lodging it is paid (p. 4).
2. An exchequer receipt for filing a counter affidavit was issued on 14.2.2007 but the counter affidavit appeared to have been received in court two days later. It was held that the date of issuance of the receipt is the date when the counter affidavit was lodged (p. 4).
3. Filing fees – once the necessary fees for lodging a document have been paid, the responsibility of a party ends (p. 6).
4. A party cannot be penalised for inefficiency of the staff of the Court (p. 6).
5. Defective affidavit – an affidavit containing an opinion, arguments and legal discourses. The Court ordered that the offending paragraphs should be expunged from the affidavit leaving the remaining part of the affidavit intact (p. 8).
