Affidavi
Affidavi
Affidavi
AT BUKOBA
BETWEEN
A……......................................................................APPLICANT
AND
B …….................................................................RESPONDENT
AFFIDAVIT
I, …………………, an adult and Christian by faith, a resident of Misenyi District within Kagera
Region, DOTH hereby swear and state as follows:-
1. That I am the Principal Officer of the herein Applicant based in Kagera Region, I duly
participated very closely in the prosecution of Civil Case No.18 of 2018 which involved
the parties above and thus conversant with all the facts about to state herein.
2. That, the Judgment involving the parties herein above was delivered by the Court of
Resident Magistrate of Bukoba on 13th August, 2019 in favour of the herein respondent
now known as the Decree Holder and the same copy of the judgment was duly served to
the Judgment Debtor on 8th October, 2019.
3. That, the judgment and decree aggrieved the herein Applicant and therefore she promptly
lodged her appeal to the High Court of Tanzania at Bukoba District registry, and
registered as Civil Appeal No.16 of 2019 dated 6/11/2019 while believing that the appeal
will overturn the outcome of the decision delivered by the Court of Resident Magistrate
of Bukoba. The copy of receipt for payment of filing an appeal challenging civil case
No. 18 of 2018 is hereby attached to form part of the affidavit.
4. That, I swear and state that I have every reason to believe in view of the facts that, if the
lodged execution application by the herein respondent is to be carried out instantly the
herein applicant will suffer irreparable loss incase wins the appeal as the amount decreed,
the Applicant will be in a financial position to pay compared to the respondent. And the
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respondent has no reliable sources of income to refund the amount is about to be
executed in case the herein Applicant wins the Appeal.
5. That, taking the circumstances of the case the appeal has very overwhelming chances of
success.
6. That, I swear and state that, it is on the balance of convenience and interest of justice this
honourable court stay the execution to pave the way for the appeal before the high court
to be determined on merit.
7. That, that I swear and state that the trial court records has been called by the High Court
for quickly facilitation of the filed appeal at the High Court without any delay.
………………………
DEPONENT
VERFICATION
I, …………………, states that all what is stated herein above in paragraphs 1,2,3,4, 5 and 6 are
true to the best of my own knowledge.
…………………………
DEPONENT
BEFORE ME:
Name: ______________________________
Signature: ___________________________
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Address: _____________________________
Qualification: COMMISSIONER FOR OATHS
_________________
REGISTRY OFFICER
Particulars of Applicant;