Kent v Beamish and Another [1912] ZAWLD 23 (9 July 1912)

Practice. - Application. - Petition by Agent. - Authority. - Affidavits. - Striking out Scandalous llfatter. -Notice of Mot'ion. -Costs.

An agent signed,' with her ordinm·y signature alone, apetition, entitled in the name of her principal, and attached a verifying affidavit in which she stated that she was duly authorised to make the application. No power of attorney was produced by her, and it was not alleged that the agent had written authority :-Held that the said agent had disclosed her authority sufficiently and the application was correctly framed.

Application to strike out scandalous matter appearing in an affidavit sworn in the course of application proceedings can be made by any aggrieved person by way of notice of motion.

When immaterial matter had been introduced into an affidavit merely to prejudice the view of the Court and had been answered by the introduction of immaterial matter, the Court, as against each party respectively, disallowed the costs occasioned by the introdurtion of the immaterial matter.