Search Anything About Law

Thursday, 31 October 2019

REPLY TO THE COUNTER AFFIDAVIT (SAMPLE)


I, XXX XXX, adult, Christian of P.O. Box.............. DO HEREBY MAKE OATH and state as follows:     1.         That I am the Human Resources Manager of the Applicant Company above named. I am conversant with the facts and matters deposed herein and I am duly authorised by the Applicant to depose this Affidavit on its behalf.     2.         That I take out this Affidavit in reply to the Counter Affidavit of YYY YYY  sworn and filed herein on...................("Counter Affidavit") in opposition to the Application by the Applicant for an Order to vacate the Order of this Honourable Court dated...............by Honourable..................., SRM.

IN THE RESIDENT MAGISTRATES COURT OF.............................

AT ......................

EMPLOYMENT CAUSE NO.................OF 20...........

Between
XXX XXX                 ………                            Applicant

Versus

YYY YYY           ………                       Respondent

 

REPLY TO THE COUNTER-AFFIDAVIT OF YYY YYY
I, XXX XXX, adult, Christian of P.O. Box.............. DO HEREBY MAKE OATH and state as follows:

1.         That I am the Human Resources Manager of the Applicant Company above named. I am conversant with the facts and matters deposed herein and I am duly authorized by the Applicant to depose this Affidavit on its behalf.

2.         That I take out this Affidavit in reply to the Counter Affidavit of YYY YYY  sworn and filed herein on...................("Counter Affidavit") in opposition to the Application by the Applicant for an Order to vacate the Order of this Honourable Court dated...............by Honourable..................., SRM.
3. The contents of paragraphs 1 and 2 of the Counter Affidavit are noted.

  4. The contents of paragraph 3 of the Counter Affidavit are disputed. The same does not bear any scrutiny of the allegations that this Honourable Court is functus officio. I say that this Honourable Court has jurisdiction to vacate its own order.


         5. The contents of paragraph 4 of the Counter Affidavit are incomprehensible and do not make any sense. I state that the six months probationary period is inclusive of the two years term. The term of the contract is clearly stated in the first paragraph of Annexure TICTS-1 to the Affidavit.

         6. The contents of paragraph 5 of the Counter Affidavit are noted. I further state that there is no contradiction whatsoever in the contents of paragraphs 4 and 5 of the Affidavit.

      7. In answer to paragraph 6 of the Counter Affidavit, I state that the contents thereof are misguided. In this Application, the Applicant does not seek to challenge the decisions of the Conciliation Board nor that of the Minister. The Applicant has complied with the Minister's decision and has not sought to challenge it.


        8. The contents of paragraph 7 of the Counter Affidavit are disputed. The Applicant has fully complied with the decision of the Minister. In further answer to this paragraph, I repeat the contents of paragraph 8 of my Affidavit of 29 September 2004.


          9. That paragraph 8 of the Counter Affidavit is disputed and I repeat the contents of paragraph 9 of my Affidavit of 29 September 2004.
10.  In answer to paragraph 9 of the Counter Affidavit, I reiterate the contents of paragraph 4 of this Reply to the Counter Affidavit.

11.       That paragraph 10 of the Counter Affidavit is disputed and I repeat the contents of paragraphs 9 and 10 of my Affidavit of 29 September 2004 and paragraph 8 of this Reply to the Counter Affidavit.

12.       I reiterate that enforcement of the Order of this Honourable Court dated 24 September 2004 by Honourable Mgetta; SRM would amount to double execution and should be vacated.

VERIFICATION
Save for what is stated in paragraph 4 and 10 which is based on advice received of ……………………., one of the Advocates of ………….. Advocates which I verily believe to be true, what is stated in paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 11 and 12 above is true of my own knowledge.


Dated at ________ this ______ day of _____________________ 20....

SWORNby the said XXX XXX
who is known to me personally/has been identified
to me by_______________________________                _____________________
the latter being known to me personally, at                                
­_________ this ______ day of ____________
20...                                                       

Before me:

_________________________
COMMISSIONER FOR OATHS


Presented in Court for filing this ______ day of October 20….

______________
Registry Officer

TO BE SAVED UPON

ZZZ & Co Advocates
1stFloor, Mkunazini Building
Kiungani Street
P.O. Box ...............
................................

 drawn and filed by:

Advocates
9thFloor PPP Tower
Garden Avenue
P.O. Box..............
.................................

No comments:

Post a Comment