SAMPLE OF CERTIFICATE OF URGENCY


Certificate of urgency is a legal document used in the civil case which requires an urgent court response. This document is filled by the plaintiff to tell the court that his/her case consists of issues that require immediately court help. Those issues may include; your house is up to be demolished, or when your house is up to be sold by Bank after breaching mortgage terms, etc

This document is always accompanied by other relevant documents, Depending on your issue this document may be accompanied by plaint (in case of a normal civil suit) or chamber summons supported by affidavit (in case of application).

Among others, these documents must contain the facts which convince the court that your issues are urgent and it needs an immediate reaction otherwise your case will not be considered as urgent.



The samples below will give you a clear picture of the form and contents of the certificate of urgency.

NO. 1
IN THE HIGH COURT OF TANZANIA
(LAND DIVISION)

AT DAR ES SALAAM

LAND CASE NO  OF 20..

X AND Y CO.LTD                                                                                                  PLAINTIFF

VERSUS

A AND B                                                                      …………………………DEFENDANT


CERTIFICATE OF URGENCY
I,…………………………. the director of X AND Y CO. LIMITED, do hereby CERTIFY that the hearing of this Application is of extreme urgency, as the applicant has already transacted with the bank for the purpose of mortgaging the farm, and the said transaction cannot proceed without the applicant being given vacant possession of the farm; that the applicant cannot ensure the safety of the same.



Dated at Dar es Salaam this                          day of                                  20..

                                                                   
PRINCIPAL OFFICER ABLE TO DEPOSE TO THE FACTS OF THE CASE
                                                                                                                               
Presented for filling this                                 day of                                   20..
                                                                                

                                                                   
REGISTRY OFFICER

DRAWN AND FILED BY:
X AND Y LIMITED
P.O. BOX ……..


TO BE SERVED UPON
THE RESPONDENT
P.O. BOX………………


See also

NO. 2
IN THE COURT OF APPEAL OF TANZANIA 
AT DAR ES SALAAM
CIVIL APPLICATION NO. …..…….. OF 20…
IN THE MATTER OF CIVIL APPEAL NO…….. OF 20…..
BETWEEN
ABC……………………………………………………………………………………………………………………… APPLICANT
AND 
XYZ……………………………………………………………………………………………….………………1ST RESPONDENT
EFG…………………………………………………………………………………………………………….. 2ND RESPONDENT

CERTIFICATE OF URGENCY
[Certificate of urgency in support of the Application for stay and maintenance of the status quo] 

I, D AND F, Advocate of the High Court of Tanzania duly instructed by the Applicant to take the conduct of this matter DO HEREBY DECLARE AND CERTIFY IN MY OPINION THAT the hearing and determination of the application for stay and maintenance of the status quo is of extreme and utmost urgency for the following reasons:- 
1. That the Respondents are in the process of enforcing the sale of the wrongfully confiscated diesel gas oils amounting to metric tons………………… belonging to the applicant which is the subject matter of the appeal filed in this Honorable The court on the ………………………... 
 2. That in addition to the appeal filed in this Honorable Court, the Applicant had also filed an application for a stay on the ………….. and the said application came up for hearing on the…………. Before……………………….., J. A. and the ruling thereof were reserved. Before even the ruling for the application is yet to be delivered, the Respondent issued a notice to dispose the diesel gas oils belonging to the Applicant by their letter dated …………….  
3. That the wrongful and unlawful attempt to dispose the wrongfully confiscated diesel gas oils is in contempt of court and amount to direct interference of the court’s process and due process of the law since ruling in respect of the application has not yet been delivered.
4. That the wrongfully confiscated diesel oils are currently stored by the Respondents at the facilities of…………………….in………………… where the same can remain safely under a hospitality contract until the final determination of the appeal.  
5. That if no restraint orders are issued urgently the Applicant stand to suffer immense losses that are not likely to be easily compensable monetarily by the Respondents in the event that the appeal is successful for the reasons that there are third party liabilities involving foreign purchasers, shippers and insurers involved in the carriage and delivery of the wrongfully confiscated diesel oils.  
6. That the appeal disclose on its face great chances of success.
     

Dated at Dar es Salaam this ……day of ……….20…..
… … … … … … … … … … …  Advocate for the Applicant  

Declared at Dar es Salaam                 }
by the said  D AND F  who is known}                                                       _______________________
to me personally in my presence     }                                                                        DECLARANT
 this……………………….                           }    

Before Me:  …. … … … … … … … … …
 Commissioner for Oaths    

Presented for filing this ………………………………………..   
… … … … … … … … … … Registrar     

Drawn and filed by:- 
……………………
Advocates
P.O. Box…….,


Copies to be served upon:- 
Respondents  

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