Mohd. Hishamuddin bin Mohd. Yunus JC:

At the commencement of the hearing of this O.14 application, the learned Counsel for the defendants made a preliminary objection. He objected to the plaintiff's affidavits as set out in enclosures 7, 14, 15 and 43. He contended that these affidavits were not in compliance with O.14 r.2 and Form No. 18 of the Rules of the High Court and were therefore defective. And since these affidavits were defective, therefore, this Court ought to dismiss this application for summary judgment. Order 14 r. 2 states:

Manner in which application under Rule 1 must be made:

[Order 14]2 (1) An application under rule 1 must be made by summons supported by an affidavit in Form 18 verifying the facts on which the claim, or the part of a claim, to which the application relates is based and stating that in the deponent's belief there is no defence except as to the amount of any damages claimed.

(2) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

(3) The summons, a copy of the affidavit in support and of any exhibits referred to therein