Reply to counter affidavit in Tanzania (sample & pdf)

The reply to the counter affidavit serves as the principal document utilized to address and counter the assertions, and arguments, presented in the counter affidavit filed by the respondent.

Here is how it flows

  1. The applicant filed a chamber summons supported by an affidavit
  2. Respondent files a counter affidavit
  3. If the counter affidavit contains a fact that an applicant wishes to respond to, he then files the reply to the counter affidavit.

In reply to the counter affidavit, the applicant presents additional arguments, evidence, or clarifications to rebut the points made in the counter affidavit.

The reply aims to strengthen the original argument or position put forth by the applicant’s affidavit, while also refuting any claims or defenses raised by the opposing party in their counter affidavit.

This exchange of documents plays a crucial role in the legal process by allowing each party to present their perspectives, challenge opposing assertions, and ensure a fair and comprehensive consideration of the matter at hand by the adjudicating authority.

Reply to counter affidavit in Tanzania

IN THE HIGH COURT OF TANZANIA
AT TANGA

MISC. CIVIL APPLICATION NO. 21 OF 20…..
(Arising from (PC) Civil Appeal No. 8 of 20… of the High Court of Tanzania at Tanga, Matrimonial Appeal. 4 of 20… of the District Court
of Korogwe at Korogwe and Original Civil Case No. 16 of 20….
of Manundu Primary Court)

NEMES JUMA KESI ….……………………… APPLICANT
Versus
EZEKIA MIHAYO DONGO…………………………. RESPONDENT

APPLICANT REPLY TO THE RESPONDENT’S COUNTER-AFFIDAVIT

I, NEMES JUMA KESI, a Christian male adult of P.O.Box 100 Bukombe, Geita do swear and state as follows:-

  1. That I have read the counter-affidavit of the respondent.
  2. That I do not dispute paragraphs 1 and 2 of the counter-affidavit.
  3. That I dispute paragraphs 3 and 4 of the counter-affidavit and state that the High Court appellate Judge did not properly evaluate the evidence adduced at the trial court and the additional evidence recorded by the first appellate court. I further state that the High Court appellate Judge erred in not finding that regardless of some motor vehicle registration cards bearing names of third parties, the said car was de facto owned by the parties in the case.
  4. That I dispute paragraph 5 of the counter-affidavit and state that notwithstanding the purchase document reading that the purchaser of the Igunga house plot was the parties’ daughter, the respective house was in fact a matrimonial asset.
  5. That paragraph 6 of the counter-affidavit is not true. Both at the trial court and in the first appellate court the applicant had vigorously argued that the division of the matrimonial assets whereby the Ifakara house, the motor vehicles and the Korogwe plot were held to be matrimonial assets was the correct finding.
  6. That I dispute paragraph 7 of the counter-affidavit and state that my affidavit, especially para 6 thereto, raises clear points of law.
See also  Deed of gift in Tanzania (guide, sample & pdf)

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

…………………..

DEPONENT

VERIFICATION

I, NEMES JUMA KESI, hereby verify that what is stated hereinabove from para 1 to 6 is all true to the best of my knowledge.

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

_____________________
DEPONENT

SWORN at Tanga by the said NEMES)
JUMA KESI who is known to me )
to me personally /identified to me by …………… )
…………………….………………..……… the latter ) ______
being known to me personally in my presence ) DEPONENT
this ………….. day of December, 20….. )

Name: ……………………………………………

Signature: …………………..……………………

Postal Address: ………………….….…….……..

Qualification: …………..…..………,……………

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

_________________________
REGISTRY OFFICER

Drawn & Filed by:

NEMES JUMA KESI,
BUKOMBE,
P.O. BOX 100
GEITA.

To be served upon:

DORIS NJELU, ADVOCATE
MASDO HOUSE, 4TH FLOOR, APT 234,
SAMORA AVENUE/ AZIKIWE STREET
P.O.BOX 87698
DAR ES SALAAM

Sample Reply to counter affidavit in Tanzania pdf

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