chamber summons supported by affidavit

Here you will learn



    what is chamber summons?

    Chamber summons may be defined as a document issued by the court summoning a person to appear before it for the purpose of hearing an application lodged by another party.

    In other words, chamber summons refers to the legal document which is primarily used to initiate civil applications.

    While a normal civil suit is initiated by plaint, in most cases, a civil application is initiated by a chamber summons supported by affidavit.

    Contents of chamber summons

    The valid chamber summons must contain;

    • name of the court
    • case number
    • parties
    • title
    • the supporting law (enabling provision)
    • the name of the presiding judge or magistrate.
    • the date and a time where the application will be heard.
    • Prayers
    • statement saying;

    This application has been taken out on the ground and reason set forth in the affidavit of ………which is annexed hereto and in any further…………

    • date, the signature of the registrar and the seal of the court.
    • Drawn by and the file to be served upon with
    refer to the sample below to see how those contents are reflected.

    Chamber summons is always being supported by an affidavit


    what is an affidavit?

    Affidavit maybe defined as a sworn statement made by a person known as deponent stating on the facts on a matter which are to be sworn of a person’s knowledge. 

    There are various kinds or types of affidavits but here we are dealing with an affidavit supporting a chamber summons. 

    Contents of the affidavit supporting chamber application/summons

    The affidavit supporting chamber summons must contain;

    • Name of the court.
    • Case number
    • Name of the parties.
    • Title
    • Address and description of the applicant.
    • facts
    • Applicant's Signature 
    • Jurat
    • The name of the officer before whom it is sworn.

    Sample of chamber summons supported by affidavit


    IN THE HIGH COURT OF TANZANIA
    DAR ES SALAAM REGISTRY
    AT DAR ES SALAAM
    CIVIL APPLICATION NO. ____________ 20..
    (Rise from civil case No…..of 20… of the High Court of Tanzania)

    BETWEEN
    A AND B___________________________________________ APPLICANT

    VERSUS
    X AND Y_____________________________________________ RESPONDENT

    CHAMBER SUMMONS
     (made under sections ………………..of………………………………..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 ____________________, 20.. 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 honorable court be pleased to issue …………………………………………..
    (b) That this honorable court be pleased to……………………………….
    (c) Costs of this application be provided.
    (d) Any other relief(s) that this Court may deem fit and or equitable to grant
    This application has been taken out at the instance if ABCDE & CO. ADVOCATES and the same are supported by and affidavit of the Applicant one A AND B. 

    Given under MY HAND and SEAL OF THE COURT this _______ day _____________20..
    __________________
    REGISTRAR

    Presented for filing this _______ day of ___________________ 20..

    ________________________
    Registry Officer

    Copy to be served upon:
     X AND Y
     P.O. Box……,
    Dar es Salaam 

    Drawn and Filed by:

    ABCDE & Co. Advocates,
    ……….House, 8th Floor, uzunguni street
     P.O. Box….




    IN THE HIGH COURT OF TANZANIA
    DAR ES SALAAM REGISTRY
    AT DAR ES SALAAM
    CIVIL APPLICATION NO. ____________ 20..
    (Rise from civil case No…..of 20… of the High Court of Tanzania)

    BETWEEN
    A AND B___________________________________________ APPLICANT

    VERSUS
    X AND Y_____________________________________________ RESPONDENT

    AFFIDAVIT IN SUPPORT OF THE APPLICATION
    I, A AND B, an adult and resident of……………. and of Islamic faith DO HEREBY solemnly affirm and state as hereunder: - 
    1. That I am The applicant herein hence conversant with all facts I am about to depose herein. 
    2. That I am………………………….. The copy of……………………………………..is attached hereto and marked as annexure AM-1 and I crave leave for the same to form part of this Affidavit. 
    3. That further, I am……………………………………………………... 
    4. That…………………………………………………………………………….. 
    5. That…………………………………………………. The copy of the………………………..is herein attached and marked as annexure AM-2 and the leave of the court is sought for the same to form part of this Affidavit. 
    6. That following………………………………………. The copies of the said……………………are herein annexed and marked as annexure AM-3 and AM – 4 respectively, and I crave leave for the same to form part of this Affidavit thereof. 
    7. That it is in the interest of justice if the orders sought for in the Chamber applications is 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 ______________________20..   

    _________________________
    Applicant
     
    VERIFICATION
    I, A AND B the Applicant herein DO HEREBY verify that all that is stated herein in paragraphs 1,2,3,4,5,6 and 7  of this Affidavit are true to the best of my own knowledge. 

    Verified at ……………..this ________ day of _____________________20.. 

    _______________________________
    Applicant

    SOLEMNLY AFFIRMED at ………………….. )
     by the said A AND B who is identified to me    )
     by KUSHOTO KULIA the latter being known   )
    to me Personally this ____ day of _____20…     ) 
    In my presence                                                     )

    Name: ……………………………………………..
    Signature: ………….…………….….......….……
    Postal Address: ..…..…………..........….....……
                                     ...……………….….……………
    Qualification: Commissioner For Oaths

    Presented for filing this __________ day of ______________________, 20…   

    ___________________
    Registry Officer
    Copy to be served upon:
     X AND Y
     P.O. Box……,
    Dar es Salaam 


    Drawn and Filed by:

    ABCDE & Co. Advocates,
    ……….House, 8th Floor, Uzunguni street
     P.O. Box….
    Dar es Salaam  


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