What is an originating summons?
An originating summons is a legal document that commences civil application. In Tanzania
originating summons is used for application to seek redress in constitutional cases. Its basis is found under Section 5 of Basic Rights and Duties
Enforcements Act, CAP 3 R.E 2002.
An originating summons is different from the chamber summons in the sense that originating summons is used when the facts of the case
are not in dispute but legality of certain positions of the law.
This sample will enable you to understand the form
and contents of the originating summons.
IN THE HIGH COURT OF TANZANIA
(……………………... REGISTRY)
AT …………………
MISC. CIVIL CAUSE NO. ……… OF …………
IN THE MATTER OF …………………………………..
AND
…………………………………………………
BETWEEN
- …………………………………………..
- …………………………………………..
…………… PETITIONER
- …………………………………………..
AND
HON. ATTORNEY GENERAL OF THE
UNITED REPUBLIC OF TANZANIA
ORIGINATING SUMMONS
(Made under S.95 of the Civil
Procedure Code, 1966, Section ………. and …………. of the Basic Rights and Duties
Enforcements Act, 1994, Article ………… of the Constitution of the United Republic
of Tanzania, 1977 and any other enabling provisions of the Law)
LET ALL PARTIES CONCERNED attend the
Honorable Justice in Chambers ………………… in the High Court of Tanzania at
……………………. on the ……………… day of ……………., …………… at ……………. O’clock in the forenoon
or soon thereafter on the hearing of the petition on the part of the Petitioners,
that this Honourable Court may be pleased to issue a declaratory judgment,
orders and reliefs that:
(a)
The
provisions of S. …………. of the............................... Act, be declared
unconstitutional and therefore null and void
(b)
The
provisions of S. ……….. and …………. Of the Act be declared unconstitutional and therefore null and void.
(c)
The
costs of the petition
(d)
Any
other reliefs be awarded to the petitioner as the Court may be pleased to
order.
This Originating Summons has been
taken out on the grounds and reasons set- forth in the affidavit of
……………………………….. and ……………………… which is annexed hereto and on any further grounds
and reasons to be adduced at the hearing.
DATED at ……………………….. this ……….. day
of ………..
………………………………
REGISTRAR
Presented for filing this ………….. day
of …………….., ……………
………………………………
REGISTRY OFFICER
TO BE SERVED UPON:
HON. ATTORNEY GENERAL
P.O.BOX 9050
DAR ES SALAAM
DRAWN AND FILED BY:
ABC & COMPANY,
ADVOCATES,
P.O.BOX ………….,
...................
IN THE HIGH COURT OF TANZANIA
(……………………... REGISTRY)
AT …………………
MISC. CIVIL CAUSE NO. ……… OF …………
IN THE MATTER OF …………………………………..
AND
…………………………………………………
BETWEEN
1…………………………………………..
2…………………………………………..
…………… PETITIONERS
3…………………………………………..
AND
HON. ATTORNEY GENERAL OF THE
UNITED REPUBLIC OF TANZANIA
AFFIDAVIT
(Made under S.95 of the Civil
Procedure Code, 1966, Section ………. and …………. of the Basic Rights and Duties
Enforcements Act, 1994, Article ………… of the Constitution of the United Republic
of Tanzania, 1977 and any other enabling provisions of the Law)
We, ……………………………… and …………………………,
adults Christians and residents of ……………………, do hereby make an OATH and STATES
as follows:
- That
we are …………………………………………………………………………….
- That
provisions of section ………….. and …………… and ………….. of the
....................Act, No.......of .............. Infringes and, abridge our constitutional rights both as citizens and................., as guaranteed by Article ………… of the United Republic of Tanzania, 1977.
- That
on the premises, we pray that the orders sought for in the Originating
Summons be granted by this Honourable Court.
- That
all stated herein is true to the best of my own knowledge.
SWORN at ………………………. by the said Mrs.
……………………. who is personally Known to ………………………….
in my presence this ……… day of
…………, DEPONENT
……………….
BEFORE ME:
……………………………………………..
COMMISSIONER FOR OATHS
TO BE SERVED UPON:
HON. ATTORNEY GENERAL
DAR ES SALAAM
DRAWN AND FILED BY:
ABC & COMPANY,
ADVOCATES,
P.O.BOX ………….,
...................
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