Procedural Appeal (Considered on paper pursuant to rule 2.4(3) of the Court of Appeal Rules 2002
Civil Procedure-Application for file and rely on affidavit evidence after order prohibiting the filing of any further affidavits-Whether judge hearing the application erred in refusing to permit reliance on late affidavit evidence-Whether evidence relevant to substantive matter-Proper approach a court ought to take in such an application-Civil Procedure Rules, rule 1, rule 25.1(m), Part 26, rule 26.1 (2)(c) and Part 29
Civil Procedure-Expert evidence-Whether judge erred in refusing to certify expert-Whether judge erred in refusing to allow reliance on an expert report-Whether report beneficial to what the court has to decide-Civil Procedure Rules, Part 32, rules 32.2 and 32.6
Family Law-Application for guardianship, custody, care and control of child-Child in the care of maternal aunty-Aunty seeking guardianship of child-Father of child seeking custody-Father having adverse character traces after investigation by Officer of the Children's Advocate-Whether proposed late evidence relevant to proceedings-Whether it is in the best interests of the child to admit to affidavit evidence-Welfare of the child of first and paramount consideration-Children (Guardianship & Custody) Act s, 18