Counter affidavit in Tanzania (guide, sample & pdf)

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.

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:

How to draft a counter affidavit

1. Introduction:
   • Start with the court details, the title of the case, and case number.
   • Clearly state your role, name, age, residence, and occupation.
2. Statement of Oath:
   • Affirm that you are making the counter affidavit under oath.
3. Introduction to the Case:
   • Mention that you are the Respondent and you are well conversant with the facts you are about to depone.
4. 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.
5. Verification:
   • Confirm that the statements made in the counter affidavit are true to your knowledge.
6. Signature and Swearing (Jurat):
   • Sign the counter affidavit in the presence of a commissioner for oaths.
   • Include the date and place of swearing.
7. 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

1. Understanding the Allegations: Fully comprehend the allegations made in the opposing party’s affidavit.
2. Dispute Specifics: Clearly identify and dispute specific paragraphs or claims in the opposing affidavit.
3. Provide Evidence: Support your counterclaims with evidence, facts, and legal arguments.
4. Maintain Clarity: Ensure that your counter affidavit is clear, concise, and logically structured.
5. Address Legal Issues: Address any legal issues raised in the opposing affidavit and provide legal reasoning for your position.
6. Verification: Verify the truthfulness of the statements made in the counter affidavit.
7. Professional Language: Use professional and respectful language throughout the document.
8. File Timely: Submit the counter affidavit within the specified deadline to meet court requirements.
9. 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

CIVIL CASE NO. 12 OF 20….

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…

COMMISSIONER FOR OATHS

Presented for filing this _ day of November 20…

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

Counter affidavit sample pdf

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