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
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.
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…
EFORE 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
