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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