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    Chamber Summons Drawn by Aggrey, Bakayoko&Co - Advocates

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    JAPHET s CHARLES

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    Chamber Summons Drawn by Aggrey, Bakayoko&Co - Advocates

    Uploaded by

    JAPHET s CHARLES
    20 views9 pages

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    Chamber Summons Drawn by Aggrey, Bakayoko&Co.advocates

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    20 views9 pages

    Chamber Summons Drawn by Aggrey, Bakayoko&Co - Advocates

    Uploaded by

    JAPHET s CHARLES

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    © All Rights Reserved
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    Drawn by Aggrey Enock Muongi

    Holder of Certificate in Law at the University of Dar es Salaam and Diploma in law
    at the Institute of Judicial Administration (IJA) and A Fourth-Year Bachelor of Laws
    Student at the University of Dar es Salaam (2019-2023)

    0682372139

    IN THE HIGH COURT OF TANZANIA

    DAR ES SALAAM REGISTRY

    AT DAR ES SALAAM

    MISC. CIVIL APPLICATION NO: ..............2023

    AGGREY ENOCK..............APPLICANT

    VERSUS

    VERONIKA NJINGO..............RESPONDENT

    CERTIFICATE OF EXTREME URGENCY

    I, SHEILA ARIO an advocate for the Applicant herein DO HEREBY CERTIFY that, in
    my opinion, hearing for this application is of great urgency and requires the immediate
    consideration of this court because the respondent has begun construction on the disputed
    land addressed in the suit and for the interest of justice.

    In the foregoing circumstances I pray that the matter be heard immediately as a matter of
    extreme urgency.

    DATED at Dar es Salaam this 19th day of May 2023

    .................................

    ADVOCATE FOR THE APPLICANT


    Presented for filing this.........day of May 2023

    ...................................

    REGISTRY OFFICER

    DRAWN AND FILED BY

    Sheila Ario
    Bakayoko & Co Advocates
    Sheila House,8th floor
    Queen Street
    P.O. Box 2000
    Dar es Salaam
    +255656963847
    TO BE SERVED UPON

    Veronika Njingo
    Ubungo,
    P.O. Box 1000
    Dar es Salaam.
    +255744754733
    IN THE HIGH COURT OF TANZANIA

    DAR ES SALAAM REGISTRY

    MISC. CIVIL APPLICATION NO: ................2023

    AGGREY ENOCK................................APPLICANT

    VERONIKA NJINGO.........................RESPONDENT

    CHAMBER SUMMONS

    (Made under Order XXXVII rule 1, s.68(c) and s.95 of the Civil Procedure Code, Cap 33
    [R.E 2019] and other enabling provisions of the law)

    LET ALL THE PARTIES Concerned appear before His Lordship Judge.................on
    the Chambers at the High Court of Tanzania on the.........day ........2023 at 9:00 O’clock or
    soon thereafter when the counsel for the Applicant shall move the court for the following
    orders namely;

    (a) That, this Honourable Court be pleased to issue an order for temporary injunction
    restraining the respondent, his agents, workmen, assignee, or any other persons on that
    behalf, from demolishing the applicant house at Dar es Salaam pending determination of the
    main suit.

    (b) Cost of this application be provided for.


    (c)Any other orders or reliefs this Honourable Court deem fit to grant.

    This application has been taken out at the instance of BAKAYOKO & Co Advocates and
    the same are supported by affidavit of the Applicant, AGGREY ENOCK

    DATED at………. this .............day............ 2023.

    .........................

    REGISTRAR

    Presented for filing this................day of ............2023

    .............................

    REGISTRY OFFICEER

    DRAWN AND FILED BY

    Bakayoko & Co Advocates


    Magreth House,
    Queen Street
    P.O. Box 2000
    Dar es Salaam
    +255682372139

    TO BE SERVED UPON

    Veronika Njingo
    Ubungo,
    P.O. Box 1000
    Dar es Salaam.
    +255744754733
    THE HIGH COURT OF TANZANIA

    DAR ES SALAAM REGISTRY

    MISC. CIVIL APPLICATION NO: ................2023

    AGGREY ENOCK................................APPLICANT

    VERONIKA NJINGO.............................RESPONDENT

    AFFIDAVIT

    I, AGGREY ENOCK a male adult Muslim and resident of Dar es Salaam DO HEREBY
    affirm and sincerely state as follows;

    1.That I am the Applicant herein therefore I am well conversant with the facts I am about to
    depone hereunder;

    2. That, I am the legal owner of the parcel of land No 268 under the right of occupancy No
    100 in the Dar es Salaam region Riverside, in the Ubungo District, with a 33-year right of
    occupancy.

    3.That, On April 1, 1997, I purchased the block of land and was officially registered as the
    property's owner.

    A copy of the certificate of title is attached herewith and marked as


    Annexure “MAA- 1” and the Applicant seeks for a leave of this Honourable Court to
    refer to it and forming part of this Affidavit.
    4.That, the applicant discovered in 2019 that the respondent had trespassed onto the
    applicant's land and had already begun building a house.

    Photos of the building that is on the applicants plot are attached


    herewith and marked as annexure “MAA-2” 8 the applicant seeks for a
    leave of this Honourable Court to refer to it and forming part of this
    affidavit.
    5.That, after numerous attempts to stop the building with the respondent, the respondent
    disagreed and proceeded with the work with total arrogance.

    6.That, the applicant complained about the trespass on her land to the Ubungo municipal
    council on August 9, 2019.
    copy of the letter is attached herewith and marked as annexure “MAA-
    3”and the applicant seeks for a leave of this Honourable Court to it and forming part
    of this affidavit.

    7.That, the respondent was called by the Ubungo municipal council on August 13, 2019
    through letter with reference number MEK/MB/VO/11/6.The respondent has disrespectfully
    objected with the direction of the Ubungo municipal council to halt building with immediate
    effect.

    A copy of the letter is attached herewith and marked as annexure “MAA-


    4”and the applicant seeks for a leave of this honourable tribunal to it as
    forming part of this affidavit.
    8.That, the applicant was granted permission to build a fence around the land by the Ubungo
    municipal council on December 11, 2019.
    A copy of the letter from the Kinondoni municipal council is attached
    herewith and marked as annexure “MAA-5”and the applicant seeks for a
    leave of this Honourable Court to it and forming part of this affidavit.
    9.That, the respondent has continued his construction and has used his employees to fill the
    applicant's fence foundation.

    10.That, the applicant then complained about the defendants' actions in a letter to the officer
    commanding district (OCD) of Kibangu. hill.
    A copy of the letter is attached herewith and marked as annexure “MAA-
    5” and the applicant seeks for a leave of this Honourable Court to it and
    forming part of this affidavit.

    11.That, the officer commanding district (OCD) then issued the respondent an RB.

    A copy of the RB is attached herewith and marked as annexure “MAA-


    6”and the applicant craves for the leave of this Honourable Court to it as
    forming part of this affidavit.
    12.That, without the intervention of this Honourable Court, the respondent will proceed to
    develop the disputed land.

    13.That, it is in the interests of justice that this Honourable Court imposes a provisional
    injunction against the respondent and his workers to halt construction until the suit is
    resolved.

    14.That, As the Respondent unlawfully possesses the aforementioned plot of land, the
    Applicant has filed this Application without unreasonable delay; consequently, the
    intervention of this Honourable Court is of utmost importance to ensure that justice is
    delivered.

    15.That, this affidavit is made in support of the orders sought in the chamber summons.

    DATED at Dar es Salaam.............day of ……... 2023.

    VERIFICATION

    I, AGGREY ENOCK the applicant herein DO HEREBY verify that what is stated herein in
    paragraphs 1 to 10 inclusive of the applicant is true to the best of my knowledge.

    Verified at Dar es Salaam this ............day of ..........2023

    ...............................

    DEPONENT

    AFFIRMED at Dar es Salaam by


    the said AGGREY ENOCK who is identified ................................

    to me by SHEILA ARIO and the latter DEPONENT

    known to me personally this .........day of ........2023

    BEFORE ME:
    Name: ……………………………………
    Signature: ……………………………………
    Qualification ……………………………………
    Address: P.O. Box …………………………
    Dar es Salaam
    Date: ……………………………………

    Presented for filing this..........day of...........2023

    ...............................

    REGISTRY OFFICER

    TO BE SERVED UPON

    Veronika Njingo
    Ubungo,
    P.O. Box 1000
    Dar es Salaam.
    +255744754733
    DRAWN AND FILED BY

    Bakayoko & Co Advocates


    Magreth House,
    Queen Street
    P.O. Box 2000
    Dar es Salaam
    +255682372139

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