or otherwise of the said Affidavit in Support of the Preliminary Objection deposed
and sworn to by an attorney at the Law Department of the Defendant. The
Plaintiff’s argument that the said affidavit is defective and alien to the Rules of this
Court was not supported by any texts of this Court. The Black’s Law Dictionary (2nd
Edition) defines affidavit as “A written or printed declaration or statement of
facts, made voluntarily, and confirmed by the oath or affirmation of the party
making it, taken before an officer having authority to administer such oath.
An affidavit is a written declaration under oath, made without notice to the
adverse party “.
There is no contradiction that the affidavit in question was voluntarily made and
sworn to before a Commissioner for Oaths in Freetown, Sierra Leone. There being
no error on the face of the said affidavit and the Plaintiff’s inability to adduce any
cogent evidence to establish impropriety in the production of the document, this
Court finds no fault with the document and therefore rules that the Plaintiff’s
argument in respect of the document is frivolous, unmeritorious and accordingly
dismissed.
In conclusion, this Court totally agree with the conclusion but differ with the
reasoning of the learned Counsel for the Defendant that this Court lacks jurisdiction
to entertain the Plaintiff’s application. The Plaintiff does not have the capacity to
maintain an action against the Defendant for the reliefs being sought, and
therefore the suit is inadmissible for adjudication
Article 87(1) of the Rules of the Community Court of Justice, ECOWAS provides that
“a party applying to the Court for a decision on a preliminary objection or other
preliminary plea not going to the substance of the case shall make the application
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