This post covers everything you need to know about Chamber summons supported by affidavit
here you will learn;
- meaning of chamber summons
- meaning of affidavit
- Contents of the chamber summons
- Contents of the affidavit supporting chamber application/summons
- Sample of chamber summons supported by an affidavit
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what is a chamber summons?
A 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 an 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 time when the application will be heard.
- Prayers
- a 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 supported by an affidavit.
what is an affidavit?
An affidavit may be defined as a sworn statement made by a person known as a deponent stating 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 the 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 of ABCDE & CO. ADVOCATES and the same are supported by an affidavit of 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….
Dar es Salaam
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
