A certificate of urgency is a legal document used in a civil case that 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 immediate 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 urgent.
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
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 of the diesel gas oils belonging to the Applicant by their letter dated …………….
3. That the
wrongful and unlawful attempt to dispose of the wrongfully confiscated diesel gas
oils are 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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