HOW TO DRAFT A CHAMBER SUMMONS AND AFFIDAVIT IN 5 MINUTES, FULL GUIDE

Do you want to draft a chamber summons supported by affidavit in Tanzania? If yes, here is right place and this will guide you on how to draft ot as follows:

IN THE HIGH COURT OF TANZANIA

DAR ES SALAAM REGISTRY

AT DAR ES SALAAM

CIVIL CASE NO. _______2023

BABUONYANGO……..PLAINTIFF/APPLICANT 

VERSUS

 FISTONMAYELE………DEFENDANT/RESPONDENT 

CHAMBER SUMMONS

(made under sections 68 (e), 95 and Order XXXVII rule 2 of the Civil Procedure Code Act, R.E. 2019 and any other enabling provisions of the law in force) 

LET ALL PARTIES CONCERNED appear before His Lordship Judge………… in Chambers at the High court of Tanzania on the _____day of _____,2023 at 9:00 O’clock or soon thereafter as the counsel for the Applicant can be upon the application for the Orders namely: –

 (a) That this honourable court be pleased to issue mareva injuctive order restraining the Respondent from terminating the employment contract with the applicant pending the hearing and determination of the main suit. 

(b) That this honourable court be pleased to issue temporary injunction restraining the Respondent from terminating the lease contract with the applicant pending the hearing and determination of the main suit. 

(c) Cost of this application be provided for

(d) Any other relief(s) that this Court may deem fit and or equitable to grant.

Given under MY HAND and SEAL OF THE COURT this….. day __2023 

…………………

REGISTRAR 

Presented for filing this ____ day of……..2023 

___________

Registry Officer.

Copy to be served upon:

 Fiston mayele, 

Kinondoni,

P.O. Box 343, 

Dar es Salaam 

Drawn and Filed by

Sheria Zetu Advocates and company,

P.O. Box 1234, 

Nssf Block,floor No 3,

Dar es Salaam 

IN THE HIGH COURT OF TANZANIADAR ES SALAAM REGISTRY

AT DAR ES SALAAM

CIVIL CASE NO. ________2023

BABUONYANGO……………PLAINTIFF/APPLICANT

 VERSUS

FISTONMAYELE…………….DEFENDANT/RESPONDENT

 AFFIDAVIT

BABU ONYANGO an adult and resident of Dar es Salaam and of Islamic faith DO HEREBY solemnly affirm and state as hereunder: – 

That I am the applicant herein hence conversant with all facts I am about to depose herein. 

That I am the employee of the Respondent herein working as the mechanic at the Bi afra Garage that situated at Kinondoni area in Dar es Salaam and the same is owned by the Respondent herein. The copy of the employment contract is attached hereto and marked as annexture AG-1 and I crave leave for the same to form part of this Affidavit. 

That further I am the tenant/lessee of the Respondent one Fistoni Mayele of whom rents to me his plot with three bedrooms situated at Temeke.

That following the Respondent’s kidney malady I, out of compassion volunteered to donate to him my kidney and in consideration the Respondent promised among other things to fund my son Adam Amir for tuition fees and boarding, pay monetary and compensation to me and to take care of my daughter Anita Amir her education up to university level. 

That following these promises, the Respondent instructed his advocate to reduce them into an agreement of which the Respondent contends the same to bind both families as a whole including the subsequent kidneys donation. The copy of the said agreement is herein attached and marked as annexture AG-2 and the leave of the court is sought for the same to form part of this Affidavit. 

That following my wife’s refusal to donate her kidney to the Respondent’s wife, the Respondent responded to it by stopping to carryout all at the promises he made and going further by issuing the Notice to termination the lease by December 30th, 2023 and the Notice to terminate the employment by 31st December, 2023.

The copies of the said notices are herein annexed and marked as annexture AG-3 and AG – 4 respectively, and I crave leave for the same to form part of this Affidavit thereof.. 

That it is in the interest of justice if the orders sought for in the Chamber application are granted.

If the same relief(s) are not granted the Applicant will stand to suffer substantial loss which can not be attorned in monetary compensation. 

Dated at Dar es Salaam this ____day of….,,……………..2023 _________________________ Applicant/Plaintiff 

VERIFICATION 

I, BABU ONYANGO the Applicant herein DO HEREBY verify that all what is stated herein in paragraphs 1,2,3,4,5,6 and 7 inclusive of this Affidavit is true to the best of my own knowledge. 

Verified at Dar es Salaam this ________ day of ______2023 _______________ 

Applicant/Plaintiff 

SOLEMNLY AFFIRMED at Dar es Salaam by The said BABU ONYANGO who is identified to me by MKUDE SIMBA the latter being known to me ___________________ Personally this _____ day of _____________ 2023 Deponent In my presence.

Beforeme: 

Name…..……………………………

Position…COMMISSIONER FOR OATHS.

Signature…………………….

Presented for filing this _______day of___2023 

______________

Registry Officer

Copy to be served upon:

 Fiston mayele, 

Kinondoni,

P.O. Box 343, 

Dar es Salaam.

Drawn and Filed by:

Sheria Zetu Advocates and company,P

.O. Box 1234, 

Nssf Block,floor No 3,

Dar es Salaam.

👆That is how to write a chamber summons and affidavit in Tanzania i use Mareva injunction as sample you can have many application by usinga chamber summons.

FAQ (FREQUENT ASKED QUESTIONS)

What is chamber summons and affidavit?

a chamber summons is na legal application done by applicant to the courts seeking various relief according to law, Its shows only what applicant seek help from the court for example application to extend time to file an appeal and so on.

An affidavit is document which explain the facts about chamber summons for example extention fo time to file appeal, therefore in here You will explain The facts which made you to apply that matter.

What are enabling provision in the Tanzania laws for a party to use such application?

In Tanzania law A chamber summons is enabled by Civil procedure Code under order XLII and Order XIX for the affidavit, and other laws.

Does affidavit contain evidence or Grounds?

An affidavit shall contain only facts and evidence or grounds are not allowed This ia contrary of order XIX rule 3 (1)of The Civil procedure code of Tanzania.

what are contents of chamber The contents of chamber summons are:-

  1. Name of the court
  2. Number of The Case
  3. Parties
  4. Chamber summons as heading and enabling provisions.
  5. Applications
  6. Court seal and signature of registry office
  7. Date of filling application
  8. Copy to Respondent clause
  9. Details who Drafted chamber

What are the contents of affidavit?

  1. Name of the court
  2. Number of The Case
  3. Parties
  4. Affidavit as heading
  5. Date of drafting
  6. Facts about your application
  7. Verification clause
  8. Date of filling application
  9. Signature of registry office
  10. Copy to be served respindent clause
  11. Detail who drafts affidavit.