Today I will teach you everything you need to know about counter affidavit in Tanzania
Here I will cover;
- meaning of counter affidavit
- How to draft an effective counter affidavit
- Things to consider when drafting a counter affidavit
- sample of the counter affidavit
- etc.
Let’s get started
Table of Contents
Meaning of counter affidavit
In simple terms, a counter affidavit is a written statement provided by a party in response to an affidavit submitted by another party in a legal proceeding.
It presents the opposing party’s version of the facts or disputes the claims made in the original affidavit.
Here’s a general scenario:
- One party submits an affidavit containing their version of the facts or evidence in a legal matter.
- The other party, not agreeing with the content of the first affidavit, may file a counter-affidavit presenting their own version of the facts or evidence.
How to draft an effective counter-affidavit
To draft a counter affidavit, follow these steps:
How to draft a counter affidavit
To draft a counter affidavit, follow these steps:
- Introduction:
- Start with the court details, the title of the case, and case number.
- Clearly state your role, name, age, residence, and occupation.
- Statement of Oath:
- Affirm that you are making the counter affidavit under oath.
- Introduction to the Case:
- Mention that you are the Respondent and you are well conversant with the facts you are about to depone.
- Response to Opposing Affidavit:
- Address each paragraph of the opposing affidavit sequentially.
- Note which paragraphs are acknowledged, disputed, or denied.
- Provide reasons supporting your stance.
- Verification:
- Confirm that the statements made in the counter affidavit are true to your knowledge.
- Signature and Swearing (Jurat):
- Sign the counter affidavit in the presence of a commissioner for oaths.
- Include the date and place of swearing.
- Filing Details:
- Mention the date of filing and the registry officer’s details.
- Specify who the copy should be served upon.
Things to consider when drafting a counter affidavit
When drafting a counter affidavit, consider the following key points:
- Understanding the Allegations: Fully comprehend the allegations made in the opposing party’s affidavit.
- Dispute Specifics: Clearly identify and dispute specific paragraphs or claims in the opposing affidavit.
- Provide Evidence: Support your counterclaims with evidence, facts, and legal arguments.
- Maintain Clarity: Ensure that your counter affidavit is clear, concise, and logically structured.
- Address Legal Issues: Address any legal issues raised in the opposing affidavit and provide legal reasoning for your position.
- Verification: Verify the truthfulness of the statements made in the counter affidavit.
- Professional Language: Use professional and respectful language throughout the document.
- File Timely: Submit the counter affidavit within the specified deadline to meet court requirements.
- Signature and Verification: Ensure the counter affidavit is signed and verified by the appropriate party before filing.
Sample of the counter affidavit in Tanzania
IN THE RESIDENT MAGISTRATES COURT OF DAR ES SALAAM
AT KISUTU
CIVIL CASE NO. 12 OF 20….
Between
ABC LTD………………………………………………………. Applicant
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