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Law on Failure to File Counter Affidavit

A  party  who  fails  to  file  a  counter  affidavit  is  by  operation  of  law  deemed  to  have accepted  the  facts  deposed  in  the  affidavit  and  such  unchallenged facts  are  treated  as having  been  established  before  the  court. Likewise, where the supporting affidavit to an application is not countered, it must be deemed to be true and correct. However, for such unchallenged evidence to be accepted and relied upon by the court, it must be both credible and reliable.

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