The Court refused the defendant leave to uplift a previously filed affidavit and file fresh evidence in response to the plaintiff's motion for judgment, where the defendant failed to file any affidavit justifying the orders sought despite being directed to do so. The Court also ordered the uplifting of an affidavit filed without leave. The decision turned on the defendant's failure to comply with court directions, the absence of any evidentiary basis for the application, the significant delay already incurred in the proceedings, and the prejudice that would result from permitting further evidence at such a late stage.
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