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:-

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1. That costs of the application abide the result in the intended appeal.
2. 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

Drawn  by:

AMRI JUMANNE,

P.O.BOX 10,

MUHEZA.

To be served upon:

THE RESPONDENT

Affidavit

IN THE HIGH COURT OF TANZANIA

AT TANGA

CIVIL APPLICATION NO. ……… OF 2016

(Arising from DC Civil 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

AFFIDAVIT

I, AMRI JUMANNE, a Christian male adult of P.O. Box 10, Muheza do swear and state as follows:

1. That I was the applicant in Application No. 82 of 20.. of the District Land and Housing Tribunal for Tanga at Tanga (hereinafter referred to as “the original suit” ) which was decided in my favor.
2. That on appeal by the appellant (the respondent herein) in Land Appeal No. 4 of 2014 of the High Court of Tanzania Tanga, this honourable court reversed the decision of the District Land and Housing Tribunal against me.
3. That dissatisfied with the decision of the High Court in the appeal, I expressed my intention to appeal to the Court of Appeal of Tanzania, and, to that effect, I duly filed Notice of Appeal vide annexure “A1”hereto, forming part of this affidavit.
4. That what prompted the applicant to file the original suit is ownership of the suit land on which the respondent trespassed and uprooted my crops grown thereon.
5. That the court of the first instance entered judgment in my favor on being satisfied that I was a lawful licensee on the suit land and further that the respondent herein was a trespasser on the said suit land whereas the High Court on Appeal decided that the District Land and Housing Tribunal for Tanga wrongly entertained Application No.82 of 2013 without a requisite jurisdiction on the alleged ground that there was a prior decision of a Ward Tribunal which had allegedly adjudged the respondent herein the rightful owner of the suit land. Copies of the judgment and Decree of the court of the first instance being annexure “A2” collectively hereto and a copy of the High Court judgment being annexure “A3” hereto are attached forming part of this affidavit.
6. That the finding by the appellant High Court Judge that there was a decision by a Ward Tribunal in favor of the respondent which had not been revered was a mere inference from a respondent’s witness but no such decision was produced at the hearing.
7. That my intended appeal to the Court of Appeal of Tanzania involves both points of mixed law and the fact that the honourable judge erred in law and in fact by entering judgement in favour of the respondent herein basing on the documentary, namely, a decision of a Ward Tribunal which was not produced at the hearing.
8. That the Applicant has overwhelming chances of success in the intended appeal.
9. That this application has been filed out of time due to an unpreventable delay on the part of the applicant in obtaining a copy of the judgment.   

Dated at Tanga this ……………….. day of …………………………… 20..

     _____________________

                                                       DEPONENT

VERIFICATION

I, AMRI JUMANNE, hereby verify that what is stated hereinabove from para 1 to 8 is all true to the best of my knowledge.

Verified  at Tanga this ……….…. day of ………….….……….20

     _____________________

              DEPONENT

SWORN at Tanga by the said                         )

AMRI JUMANNE who is known to         )

me personally/identified to me by………..    )

…………………..…….….. the latter being     )        __________________

known to me personally in my presence       )             DEPONENT

this ……….. day of ………..…………20..      )       

Name: ……………………………………………

Signature: …………………..……………………

Postal Address: ………………….……….……..

                   …………..……………….……

Qualification: …………..…..……………………

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

____________________________          

                                                                           REGISTRY OFFICER

Drawn  & Filed by:

AMRI JUMANNE,

P.O.BOX 10,

MUHEZA.

To be served upon: THE RESPONDENT

Sample of chamber summons supported by affidavit pdf

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Now I’d Like To Hear From You

Now you have it;

A full guide on chamber summons in Tanzania.

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