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On 27 March 2025 the Circuit Court heard a motion filed on 21 January 2025 on behalf of the wife for judgment in her favour arising out of what she asserted was her husband's failure to comply with a consent order made in May 2022 in family law proceedings. The Circuit Court made an order re-entering the proceedings but, having heard the evidence and the submissions of counsel, proceeded to refuse the reliefs sought in the notice of motion. The wife has appealed from the Circuit Court decision and in particular the refusal of the reliefs sought.
The original motion dated 21 January 2025 was grounded on an affidavit of the wife. There was a replying affidavit of the husband and there was then a supplemental affidavit of the wife.
Thus, the motion was dealt with in the Circuit Court on the basis of the above affidavit evidence.
The appellant (wife) filed a motion in the High Court on 13 June 2025 seeking; -
"(1) An order pursuant to s.37(2) of the Courts of Justice Act, 1936 as amended, granting the respondent/appellant leave to call such oral evidence as may be necessary in support of her application by way of motion under appeal which was filed in the Circuit Court on 21 January, 2025 and decided on 27 March, 2025.
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