- Flynote
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Practice – Applications and motions – Applicant required to make out its case in the founding affidavit which must contain sufficient facts upon which a court may find in the applicant’s favour – Applicant’s founding affidavit lacking such facts – Applicant’s application dismissed.
- Case summary
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The applicant, a lay-litigant, lodged an application praying for an order allowing him to place certain material before the court, for the purpose of disproving the respondent’s case in respect of certain criminal proceedings in which the applicant was convicted and sentenced to prison. The applicant also sought an order requiring the respondent to furnish him certain original documents.
Held that the guilt of the applicant was already determined in the criminal proceedings and same cannot be entertained in the present proceedings.
Held further that insofar as the applicant prays for an order requiring the respondent to furnish him certain original documents, same cannot be granted in that the Prosecutor General has a direct and substantial interest in the subject matter of the proceedings but has not been cited as a party to the present proceedings.
Held further that due to multiple defects affecting the application, the appropriate order in the circumstances, is to dismiss the application as opposed to striking the matter from the roll, insofar as the legal point of non-joinder is concerned.