Counter affidavit in Tanzania (guide, sample & pdf)

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

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:

1. One party submits an affidavit containing their version of the facts or evidence in a legal matter.
2. 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:

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

And

XYZ……………………………………………… Respondent/Defendant

COUNTER AFFIDAVIT

I, HONEST JOSEPH, an adult Christian, residing and working for gain in Dar es Salaam, Tanzania, do hereby make an oath and state as follows:

1. That I am an advocate of the High Court of Tanzania and courts subordinate thereto, save for primary courts. I am one of the advocates at HAKI & Co Advocates who have had the conduct of this matter for and on behalf of the Respondent and I am conversant with the facts relating thereto. I am authorized to take out this counter affidavit on behalf of the Respondent in reply to the Affidavit of Seif Omar taken out in support of the Applicant’s application filed on 3 August 20….
2. I have read the Affidavit purportedly affirmed by Seif Omar and stated to be in support of the orders set out in the Chamber Summons taken out by the above Applicant.
3. The contents of paragraphs 1 and 2 of the Affidavit are noted.
4. The Respondent is not aware of the contents of paragraph 3 of the Affidavit.
5. The contents of paragraph 4 of the Affidavit are noted.
6. The contents of paragraphs 5 and 6 of the Affidavit are disputed. I state that the Court is empowered to order dismissal of a suit in the absence of the parties at any stage of the proceedings provided that there are grounds to do so.
7. In answer to paragraph 7 of the Affidavit, I state that the Applicants’ application is not bona fide and has been made to halt the Respondent’s operations by involving it in endless litigation.
8. The contents of paragraph 8 of the Affidavit are noted.
9. In answer to paragraph 9 of the Affidavit, notwithstanding the contention that on the material date, the deponent attended the hospital for treatment, which is denied, it is ridiculous to suggest that the Applicant had to wait for more than sixty (60) days to lodge the application for setting aside the dismissal order. In addition to that, I say that the Applicant/Plaintiff should be represented by an advocate in this matter, and in the absence of the deponent, counsel for the Applicant/Plaintiff should have appeared in court.
10. I say that a reading of paragraph 10 of the Affidavit and all other paragraphs of the Affidavit do not show any evidence or indication that the relevant file for this case was misplaced.

VERIFICATION

Save as otherwise indicated, what is stated in all paragraphs above is true to my knowledge acquired in my position as counsel for the Respondent in this matter.

SWORN at Dar es Salaam by the said
______________ who is
known to me personally/has been
identified to me by________________, ___________
the latter being known to me personally
this __ day of November 20…

BEFORE ME:

COMMISSIONER FOR OATHS

Presented for filing this _ day of November 20…

REGISTRY OFFICER

COPY TO BE SERVED UPON:

A. S. Ukonga
Advocate
Hope Building
Swahili Streets
P. O. Box 10000
DAR ES SALAAM

DRAWN & FILED BY:

HAKI and Company
Advocates
8th Floor, PPF Tower
Garden Avenue
P.O. Box 4000
DAR ES SALAAM

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