747Affidavit in support of claim

747 Affidavit in support of claim

(1)  A claim is not to be filed unless there is filed with it an affidavit stating –

(a) that the property claimed was, at the date of its seizure or taking, the property of the claimant; or

(b) that the claimant had a proprietary interest in the property at that date and the nature of the interest and how it arose.

(2)  An affidavit may be made by –

(a) the proprietor making the claim; or

(b) [Rule 747 Subrule (2) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] the practitioner for the proprietor making the claim; or

(c) if the proprietor making the claim is a corporation, a director or other responsible officer of the corporation.

(3)  If an affidavit is made other than by the proprietor making the claim, the deponent is to state –

(a) that he or she has authority to make the claim; and

(b) that, to the best of the deponent's knowledge and belief, at the time of the seizure or taking of the property –

(i) it was the property of the claimant; or

(ii) the claimant then had a proprietary interest in the property, setting out the nature of the interest and how it arose.