Chamber summons supported by Affidavit (guide + samples pdf)

Today I will tell you everything you need to know about chamber summons supported by Affidavit in Tanzania.

here you will learn;

• what is chamber summons?
• Chamber summons in Swahili
• Law governing chamber summons in Tanzania
• What is an affidavit?
• Contents of the chamber summons
• Contents of the affidavit supporting chamber application/summons
• Is a chamber summons a pleading?
• Sample of chamber summons supported by an affidavit

let’s get started

What is a chamber summons?

A chamber summons constitutes a formal legal document issued by the court to summon an individual to attend a court session and defend the application lodged against him.

In simpler terms, a chamber summons is the legal paperwork mainly used to commence civil applications.

That is to say, while a typical civil lawsuit begins with the filing of a plaint, a civil application involves submitting a chamber summons accompanied by an affidavit.

Chamber summons in Swahili

In the Swahili language, chamber summons commonly referred to as Wito wa Faragha which is mostly used in adjudicating labor disputes in the Commission for Mediation and Arbitration (CMA).

Law governing chamber summons in Tanzania

Generally, the main law that governs chamber summons in Tanzania is the Civil Procedure Code [CAP 33], ORDER XLIII Rule 2 which states that Every application to the Court made under this Code shall, unless otherwise provided, be made by a chamber summons supported by affidavit.

In addition to that, every chamber summons must show the enabling provision from a specific law. (kama hujaelewa hapa tulia,zingatia mfano huu)

For instance, if your chamber summons relies on obtaining leave to file a third-party notice, it should explicitly indicate that it is filed in accordance with Order I Rule 14(1) and (2) of the Civil Procedure Code.

This legal provision is the basis for seeking permission to file a third-party notice and is technically referred to as the enabling provision.

Contents of chamber summons

The valid chamber summons must contain;

• name of the court
• case number
• parties
• title
• the supporting law (enabling provision)
• the name of the presiding judge or magistrate.
• the date and time when the application will be heard.
• Prayers
• date, the signature of the registrar, and the seal of the court.

You will see how those contents look on the sample below.

What is an affidavit?

An affidavit is a sworn statement made by an individual, known as a deponent, presenting facts within their personal knowledge regarding a specific matter.

There are different kinds of affidavits, I have covered them in other posts, here I will focus on affidavits supporting a chamber summons.

Contents of the affidavit supporting chamber summons

The affidavit supporting the chamber summons must contain;

• Name of the court.
• Case number
• Name of the parties.
• Title
• Address and description of the deponent.
• facts
• Deponent’s Signature
• Verification clause
• Jurat
• Commissioner for oath’s name, address, and stamp

The important thing to note in the affidavit is that a Christian deponent is sworn but a Muslim deponent is affirming. (check the wording of the affidavit shared below to understand this)

That is simply because IT IS AGainsT mUSLiM FAITH TO SWEAR.

Is a chamber summons or an affidavit a pleading?

From what I know, a chamber summons supported by an affidavit is not a pleading.

As defined under ORDER VI Rule 1 the Civil Procedure Code pleadings means a plaint or a written statement of defence (including a written statement of defence filed by a third party) and such other subsequent pleadings as may be presented in accordance with rule
13 of Order VIII.

That section does not include a chamber summons as a pleading.

By using the principle of expressio unius exclusio alterius, i validate my conclusion that chamber summons supported by an affidavit is not a pleading.

Sample of chamber summons supported by affidavit

IN THE HIGH COURT OF TANZANIA

LAND DIVISION

AT TANGA

CIVIL APPLICATION NO. ……… OF 20..

(Arising from Land Appeal No. 4 of 20.. of the High Court of Tanzania at Tanga Originating from Land Application No. 82 of 20.. of the District Land and Housing Tribunal for Tanga at Tanga).

AMRI JUMANNE ………………………………………..…..  APPLICANT

Versus

HUSEIN JUMA ……………………………………………….…. RESPONDENT

CHAMBER SUMMONS

(Under Section 11(1) of the Appellate Jurisdiction Act, Cap. 141 R.E. 2002)

LET ALL PARTIES concerned attend before the Honourable Judge sitting in Chambers on the ……..……. day of ……………..………….. 20….at 9.00 o’clock in the forenoon or as soon thereafter as the Applicant may be heard on an application for the following Orders:-

1. That the Applicant be granted extension of time within which to file leave to appeal to the Court of Appeal of Tanzania against the whole of the decision of this Honourable High Court of Tanzania at Tanga in  Land Appeal No. 4 of 20…
2. That costs of the application abide the result in the intended appeal.
3. Any other order deemed fit.

The application will be supported by the affidavit of AMRI JUMANNE, the Applicant herein, and it will be further supported by such grounds and arguments as may be advanced at the hearing.

Given under my hand and the Seal of the Court this ………….. day of………………..……. 20…

                                                             ____________________________    

                        REGISTRAR

Presented for filing this …………… day of ………..……..………….. 20..

____________________________          

                                                       REGISTRY OFFICER