This is the decision to a prayer as made by the Counsel for
the Defendant who informed this Court that his second defence witness Mr.
Balhabou Islaam Ally Saleh who is the defendant in this case is an Ambassador
of Comoro and is nowadays at Dubai. He prayed this Court to tender his affidavit
under O.XIX rule 1 and 2 of the Civil Procedure Code [Cap 33 R.E. 2002] instead
of his oral testimony. The issue was whether tendering of oral testimony by way
of an affidavit is proper.