Read the full judgment text of CACV 000011/1991 on BabelCite. This Court of Appeal judgment was delivered on 13 March 1991 before Sir Derek Cons (V-P), Kempster JA, Kaplan J.
Civil procedure – appeal – exercise of discretion – Order 38 rule 2 – affidavit of deceased witness – reading at trial – bank guarantee – proportional repayment agreement – Hadmor Productions v. Hamilton – no flaw in judge's discretion – appeal dismissed.
Legal issues: Exercise of discretion under Order 38 rule 2 to allow affidavit of deceased witness
Outcome: Appeal dismissed.