Can a lawyer depose to an affidavit in Nigeria?

It is unethical for a lawyer to depose to an affidavit on behalf of his client in a case.

Can a lawyer make an affidavit?

They are most often filed with the court to show that specific information is true. In some cases, an attorney can use your affidavit so that you do not have to appear in court or at another official legal proceeding. … Affidavits are useful beyond the courtroom as well.

Who can swear an affidavit in Nigeria?

All of Nigeria Chief Justice. Justices of Nigeria’s Supreme Court. The President of the Court of Appeal and the Justices of the Court of Appeal. Notaries Public Commissioners for Oaths who are court officials (court registrars) who are not less than grade 7 and are designated to administer oaths.

Can an affidavit be amended in Nigeria?

Can an affidavit be amended once it has been sworn? ANSWER: Under the Civil Procedure Rules Practice Direction 32, you can make this type of amendment to an affidavit. … “Any alteration to an affidavit must be initialled by both the deponent and the person before whom the affidavit was sworn.”

IT IS SURPRISING:  Quick Answer: Is African pear the same as avocado?

Is an affidavit a legal instrument?

Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.

Who can write an affidavit?

You can create an Affidavit with or without the help of a lawyer. However, having a lawyer look over your legal documents can protect your interests. Although you can create your statement of facts, a commissioner for oaths must sign and witness the Affidavit with you to validate the document.

Can I write affidavit myself?

If yes, how is it done? Yes. You can indeed attach documents to affidavits as they often refer to other documents for support. The documents that you attach to an affidavit is often called as exhibits to the affidavits or annexures.

Which court does affidavit?

How To Get An Affidavit From The Supreme Court. An affidavit is simply a written statement confirmed by oath. It is generally used to evidence facts contained in the statement, and it is deposed to a commissioner of oaths. Recently, a client of mine required an affidavit to evidence change of name.

Can affidavit be sworn in a magistrate court?

Any affidavit sworn before any judge, officer or other authorized persons can be used in the court in all cases where an affidavit is needed. An affidavit must be signed under the authority of a court judge, magistrate or any other officer authorized to administer oaths.

Does affidavit expire?

If a deponent confirms in the presence, or for this matter, in the electronic presence of the Commissioner of Oaths, that the oath is binding on his/her conscience and that the facts contained in the affidavit are the truth and there is no objection to the deposition of the affidavit, such an affidavit is valid for all …

IT IS SURPRISING:  How much do traffic lights cost in South Africa?

Can affidavit be amended?

Thus, the consistent views taken by the Gauhati and Bombay High Courts is that an affidavit cannot be permitted to be amended, since it is a statement of fact, made on affirmation before an officer authorised to administer oath.

In what cases will leave to amend be refused?

Leave to amend is refused when there has been excessive delay by the parties in filing the suit.

Can written statement on oath be amended?

The learned Counsel to the Plaintiff had argued that being a statement made on oath, a witness statement on oath cannot be amended, but a further and better statement may be filed.

Why is affidavit required?

Affidavits are used whenever there is a reason to swear an oath of any nature, for instance- in passport requirements, divorce proceedings, property disputes, debt cases among others. … According to the Indian Laws, an affidavit can be used to prove a fact in a court of law provided the court orders it.

What an affidavit should not contain?

Every affidavit used in the court shall contain only statements of fact and circumstances to which the witness deposes, either of his personal knowledge or from information which he believes to be true. No affidavit shall contain extraneous matter by way of objection, prayer or legal argument or conclusion.

What’s the purpose of an affidavit?

Affidavit definition.

An affidavit is a sworn statement put in writing. When you use an affidavit, you’re claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.

IT IS SURPRISING:  How much is a kg of chicken in Kenya?