The court held that an application for a person
served with summons must in Form 4
Appendix A for leave to appear and defend
shall be supported by an affidavit, which shall
state whether the defence goes to the whole or
partly only, if so what part of the plaintiffs
claim and court may also allow the defendant
making the application to be cross examined.
The court having found that the defendants
claim was evasive found no merit.
Accordingly the application was dismissed and
judgment entered in favour of the plaintiff.