CIVIL LEGAL DOCUMENTS

1.
a) PLAINT

This document is used by the plaintiff to institute a case in court.

Contents
The contents of a plaint are provided for under rule 1 of Order VII of the Civil Procedure
Code.
i) the name of the court in which the suit is brought
ii) the name, description and place of residence of the plaintiff including email
address, fax number, telephone number and post code if available
iii) the name, description and place of residence of the defendant including email
address, fax number, telephone number and post code if available, so far as they
can be ascertained
iv) where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect
v) the facts constituting the cause of action and when it arose
vi) the facts showing that the court has jurisdiction
vii) the relief which the plaintiff claims
viii) where the plaintiff has allowed a set-off or relinquished a portion of his
claim, the amount so allowed or relinquished
ix) a statement of the value of the subject matter of the suit for the purposes of
jurisdiction and of court fees, so far as the case admits.

Relevance

i) To inform the defendant and the court as to what the plaintiff claims against the
defendant.
PLAINT

IN THE HIGH COURT OF TANZANIA

DARESALAAM DISTRICT REGISTRY

AT DARESALAAM

CIVIL CASE NO. 10 OF 2023

LEE COMPANY ………..………………………..PLAINTIFF

VERSUS

CHAWA PROMAX………………………………………….DEFENDANT

PLAINT

The above named plaintiff states that;

1. That, the plaintiff is a natural person living in Daresalaam Tanzania an Advocate of the
High Court of Tanzania and all Courts subordinate thereto having the conduct of this
matter on behalf of the plaintiff company hence conversant with all facts of this case of
which I am about to depose as hereunder. The address for purpose of this suit shall be
Chuma & Associates
Plot No. 10/FK, 10th Floor
CHRYSLER BIULDING
P.O.BOX 123
Daresalaam
2. That, the defendant is a limited liability company carrying on the business in Daresalaam,
Tanzania. Its proper address for service for the purposes of this suit shall be
Chawa Promax Investment Ltd
P.O.BOX 78433
Daresalaam
3. That, the plaintiff claims against the defendant for recovery of Tzs.70,000,000/= arising
out of breach of mortgage agreement secured by the defendant on 19thFebruary 2020.
The amount includes the remaining balance of the mortgage with interest therein. The
copy of the mortgage agreement is hereby attached to form part of this plaint as
annexture LD-01.
4. That, the mortgage agreement required the defendant to have fully repaid the mortgage
by 19th February 2021. Unfortunately the defendant failed to fully repay the mortgage
within the required time and so pleaded for more time.
 5. That the defendant was given a grace period of six months to repay the remaining
balance with interest but the defendant failed to do so.
6. That, the defendant has only paid tzs. 7,500,000/= up to date and nothing more. A copy
of the receipt for this payment is hereby attached to form part of this plaint as annexture
LD-03.
7. That, the plaintiff has on several occasions demanded and reminded the defendant to
repay the mortgage loan but the defendant has failed to do so.
8. That, the plaintiff had served the defendant with 21 days’ notice of intention to sue but it
was ignored and no response was communicated to the plaintiff. The copy of the notice
of intention to sue is hereby attached to form part of this plaint as annexture LD -02.
9. That, due to the facts mentioned above the plaintiff has suffered tremendous loss.

WHEREFORE, the Plaintiff prays for judgment and decree against the Defendant as follows:

a) Payment of damages for breach of contract

b) Interest on the Principal amount at the rate of 6% per annum
c) Costs of this suit
d) Any other relief this Honorable Court may deem just and equitable to grant.

Any other relief(s) this Honorable Court may deem just to grant.

Dated at …………….. this ……… day of ………………., …………..

……………..……………..

PLAINTIFF

VERIFICATION

All what is stated from paragraph 1,2,3,4,5,6,7,8 and 9 are true to the best of my knowledge.

…………………………..

PLAINTIFF

Presented for filing this …………. day of……………….., ……………

…………………………

REGISTRY OFFICER
COPY TO BE SERVED UPON:

Chawa Promax Investment Ltd

P.O.BOX 78433

Daresalaam

DRAWN AND FILED BY:

Chuma & Associates

Plot No. 10/FK, 10th Floor

CHRYSLER BIULDING

P.O.BOX 123

Daresalaam
b) WRITTEN STATEMENT OF DEFENCE

This document is used by the defendant to reply the plaint whether to deny or admit the
alleged facts.

Contents

i) Name of court in which the suit was brought

ii) Admission or denial of the facts alleged in the plaint
iii) Signature of the defendant(s)
iv) Verification clause
v) Date of filing
vi) Signature of the registry officer or court clerk

Relevance

It enables both parties and the court to identify the facts in issue.

c) COUNTER CLAIM

A counter claim is a claim by the defendant against the plaintiff in respect of the same
cause of action. Order VIII Rule 9(1) provides that the defendant may state the nature of
his claims against the plaintiff in his Written Statement of Defence.

Relevance

To avoid multiplicity of suits, Order VII Rule 9(2) of the Civil Procedure Code provides
that where a counterclaim is set up in the Written Statement of Defence it is treated as a
cross-suit and the statement shall be treated as a plaint.

d) SET-OFF

A set-off is a claim for money recoverable by the defendant against the plaintiff in
respect of the same cause of action brought against him. Order VIII Rule 6 provides that
the written statement of defence should contain the debt sought to be set off from the
original claim.

Relevance

To avoid multiplicity of suits and to enable the court to pronounce judgment in respect of
both claims, the original clam and the set-off.
WRITTEN STATEMENT OF DEFENCE

IN THE HIGH COURT OF TANZANIA

DARESALAAM DISTRICT REGISTRY

AT DARESALAAM

CIVIL CASE NO. 10 OF 2023

LEE COMPANY ………..………………………..PLAINTIFF

VERSUS

CHAWA PROMAX………………………………………….DEFENDANT

WRITTEN STATEMENT OF DEFENCE

The Defendant above named states as hereunder:-

1. That the contents of paragraph 1 & 2 of the Plaint are noted.

2. That the contents of paragraph 3 and 4 of the Plaint are admitted.

3. That the contents of paragraph 5 of the Plaint are denied.

4. That the contents of paragraph 6 of the Plaint are disputed and the plaintiff is put into strict
proof.

5. that the contents of paragraph 7,8 and are noted.

WHEREFORE the Defendant prays that this Honourable Court dismisses the Plaintiff’s suit in
its entirety with costs.

Dated at ………………… this day of …. 2023

…………………….…………………….

DEFENDANT

VERIFICATION

All what is stated from parapgraph 1,2 and 3 is true to the best of my knowledge.

…………………….…………………….

DEFENDANT

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

 …………………………….

REGISTRY OFFICER

COPY TO BE SERVED UPON:

The Plaintiff

DRAWN BY

The Defendant
2. PRELIMINARY OBJECTION

It is a document which raises an objection on point of law raised by any party in a civil case that
requires court determination before proceeding to the main case.
Contents
i) Name of court in which the suit was brought
ii) Statement as to the preliminary objection
iii) Signature of the defendant
iv) Date of filing
Relevance & Usage
It is used to raise the following grounds.
i) Jurisdiction, if the court has no jurisdiction to determine the case
ii) Res-judicata, if the case had already been adjudicated to its finality by a competent court.
iii) Res sub-judice, if a similar case is pending before another court.
iv) Limitation of time, to show that the suit is time-barred
v) Admissibility of evidence
NOTICE OF PRELIMINARY OBJECTION

IN THE HIGH COURT OF TANZANIA

DARESALAAM DISTRICT REGISTRY

AT DARESALAAM

CIVIL CASE NO. 10 OF 2023

LEE COMPANY ………..………………………..PLAINTIFF

VERSUS

CHAWA PROMAX………………………………………….DEFENDANT

NOTICE OF PRELIMINARY OBJECTION

The defendant above mentioned states as hereunder;
NOTICE is hereby given that on the first date fixed for hearing of this suit a preliminary
objection will be raised for and on behalf of the defendant on points of law and fact on the
following grounds:
1. That the court is improperly moved because the suit is both misconceived and unmaintainable
in law.
2. That the instant application is devoid of merit for being time barred.
Dated at ………………………………. this…………… day of ………… 2023
…………………..
DEFENDANT
Presented for filing this day of ………. 2023
…………………………
REGISTRY OFFICER
COPY TO BE SERVED UPON
PLAINTIFF
DRAFTED BY
DEFENDANT
3. THIRD PARTY NOTICES

A document issued by the claimant or the defendant to bring a third party into the suit.
Contents
The contents of this document are provided for under rule 15 of Order I of the Civil Procedure
Code.
i) the nature of the plaintiff's case against the defendant
ii) the nature of the defendant's claim against the third party
iii) the reliefs claimed by the defendant against the third party
iv) the period within which the third party may present his defence, and the consequences of
the failure by the third party to present his defence within such a period
Relevance & Usage
i) To enable the defendant to bring claims against any person who was not party to the suit
but should be part of the suit to contribute or indemnify the defendant for the claims
against him.
ii) To avoid multiplicity of suits
THIRD PARTY NOTICE

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM
CIVILNCASE NO. 33 OF 2023
HAWA KIO…………………………..….PLAINTIFF
VERSUS
JULIETH KIO……………………………….DEFENDANT

THIRD PARTY NOTICE

Under O.1 r 14 (a) and 15 (a) –(d) of the civil procedure code cap 33 R.E 2019 and other
enabling provisions of the law)
(Issued pursuant to an Order of the Honourable Court dated 11th FEBRUAR 2023)
TO:
JULIETH KIO
P.O.BOX 67
DSM
TAKE NOTICE that this action has been brought by the Plaintiff against the above named
Defendant. In it the Plaintiff claims against the Defendant in accordance with the attached
Plaint. The Defendant disputes the Plaintiff’s claim on the grounds set out in the Defense but
in the event of his being held liable to the Plaintiff, the Defendants claims that they are
entitled to indemnity against the Plaintiff’s claim and requires that the issue of liability to the
Plaintiff’s claim be determined not only as between the Defendant and the Plaintiff, but also
between the Defendant and yourself. The Defendant further claim against you to be
indemnified against the costs of this application.
FURTHER TAKE NOTICE that if you wish to dispute the Plaintiff’s claim against the
Defendant, you must present a Written Statement of Defense within 21 days, otherwise you
will be taken to admit the Plaintiff’s claim against the Defendant and the Defendant’s claim
against you and you will be bound by any judgment or order given this suit.
And Take Notice that this case has been fixed for mention before Hon. J.S.Mpelela, RM on
the ………… day of …………….. 2021
Dated at Shinyanga this ….. Day of ……….2023
 ………………………..
DEFENDANT
Presented for filing this day……… of ……… 2023
……………………….
REGISTRY OFFICER
DARWN & FILED BY
HAWA KIO
P.O.BOX 688
DSM
COPY TO BE SERVED UPON
JULIETH KIO
P.O.BOX 67
DSM
4. CHAMBER APPLICATIONS
This is a document whereby a party to the proceedings prays for leave of court. This is under
Order XLIII Rule 2 of the Civil Procedure Code.
Contents
i) Name of Court
ii) Case Number
iii) Parties to the case
iv) Enabling provisions of the law of the prayers sought
v) Name of the residing judge or magistrate , time and date of the chamber applications
hearing
vi) Prayers sought
vii) A statement saying “ This application has been taken out on the ground and reason set
forth in the affidavit of…… which is annexed hereto and in any further………..”
viii) Date of filing
ix) Signature of the registrar and the court seal.
Relevance
To address the court and inform them of the party’s prayers.
CHAMBER APPLICATIONS

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM
CIVILNCASE NO. 33 OF 2023
HAWA KIO…………………………..….APPLICANT
VERSUS
JULIETH KIO……………………………….RESPONDENT

CHAMBER SUMMONS
(Made under Order XXXVII Rule 1 and Section 68(c), of the Civil Procedure Code, R.E.
2019)
LET ALL PARTIES concerned appear before the Hon …………………sitting in Chambers
on .......................................day of ...........................2023 at…......or soon thereafter, when the
Applicants will be heard on the following orders:
1. This Honorable Tribunal to issue a temporary injunction restraining the 1st and 2nd
respondent pending determination of the main suit.
2. Any other relief (s) as this Honorable tribunal may deem fit to grant.

THIS CHAMBER APPLICATION is taken at the instance of the Applicant and is supported
by the affidavit of together with other reasons to be argued viva voce at the hearing of this
application.
GIVEN UNDER MY HAND AND SEAL OF THIS COURT This ..........day of ...........2023
....................................
APPLICANT
Presented for filing this ……………day of ……………………….2023.
……………………………
REGISTRY OFFICER
TO BE SERVED UPON
The Respondent
FILED BY
The Applicant
5. INJUCTION
This is document whereby a party to a suit applies to temporarily restrain the opposing party
from using or disposing of anything which is the subject matter of the suit. This is under
Order XXX Rule 1 of the Civil Procedure Code.
Relevance
i) To prevent irreparable loss
ii) To maintain status quo
iii) To prevent main suit from being rendered nugatory
Format of an injuction is in form of Chamber Application whereby you cite the enabling
provision i.e. Order XXX Rule 1 of the Civil Procedure Code, and in the affidavit you state facts
that support your application.
6. MAREVA INJCUTION
This refers to the granting of temporary injunction by dispensing off some requirements that are
necessary for granting of temporary injunction. There is a lacunae when it comes to mareva
injuction hence received laws come into play by virtue of section 2(3) of the JALA.
For a mareva injuction to be successful there has to be three applications at once, i.e.
i) Chamber summons supported with affidavit
ii) Certificate of urgency
iii) Plaint
7. CERTIFICATE OF URGENCY
This is a legal document doused in a civil case that requires an urgent court response. It is filed
by the plaintiff to show that his case require immediate court help.
CERTIFICATE OF URGENCY
IN THE HIGH COURT OF TANZANIA
(DARESALAAM MAIN REGISTRY)
AT DARESALAAM
MISCELLANEOUS APPLICATION NO. 10 OF 2023
JOYCE. ………………………………..…………..APPLICANT
VERSUS
NMB BANK ……………………………………….RESPONDENT
CERTIFICATE OF URGENCY
I, Avery Town an Advocate for the Applicant herein DO HEREBY CERTIFY that, in my
opinion, hearing of the application for ………………………………….is of utmost urgency
for the following reason:-
1. 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 safety of the same.
2. I undertake to make appearance for the hearing of the application on any day this
Honorable Court may be pleased to designate.
In the foregoing circumstances, I pray that the matter be heard immediately as a matter of
extreme urgency.
Dated at Daresalaam this …… day of …………… 2023
………………………………..
APPLICANT
Presented for filing this …………………….. day of ………………, …. …….
…………………………………
REGISTRY OFFICER
TO BE SERVED UPON
The repsondent
DRAWN & FILED BY
LHRCDH JUFH
P.O.BOX 45
DARESALAM
8. AFFIDAVIT
This is a document which contains facts in the knowledge of eth deponent in which he/she
believes to be true. This is provided for under Order XIX Rule 3 of the Civil Procedure Code.
Contents
i) Name of court
ii) Case no.
iii) Name of parties
iv) Title of document ( affidavit)
v) Statements as to the facts in numbered paragraphs
vi) Date
vii) Verification clause
viii) Date of verification
ix) Commissioner for oath’s clause
x) Date of filing
AFFIDAVIT

THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM

CIVIL APPLICATION NO. 34 OF 2023

CHAWA PROMAX INVESTMENT LTD…………………………...……..APPLICANT

VERSUS

LEE COMPANY………………………………………………………RESPONDENT

AFFIDAVIT

I, LISA SALUM an adult,female and resident of Dar es salaam of Christian faith DOHEREBY
take oath and states as follows:-

1. That I am an Advocate of the High Court of Tanzania and all Courts subordinate thereto save
for the primary Courts having the conduct of this matter on behalf of the Applicant company
hence conversant with all facts of this case of which I am about to depose as hereunder.

2. That on or about the 16th day of February 2023. I was instructed by the Applicant company to
represent it before the CMA mainly for setting aside the dismissal .

3.That following the Application which I filled on the 16 th day of October 2007 on behalf of the
Applicant company herein the commission for Mediation and Arbitration (i.e CMA) issued a
summons to one A. O. FARAHAN an administrative offer of the company dated the 23 rd day of
November 2007 informing him that the matter was for hearing on the 7 th day of December, 2007.
The notice issued was not directed to myself or at all. A copy of the said summons to that effect
is annexed hereto as ULT-1 to form part of this Affidavit thereof.

4. That on the 7th day of December 2021 when the matter was called for leaving myself as
counsel for the Applicant. I had no notice of the hearing as stated at paragraph 3 and herein sure
for Mr. A.O. FARAHAN who never appear before the CMA.

5. That further more on the 7th day of December 2023 I had a criminal session No 78 of 2023
between Republic versus Kessy Joseph Peter which started on the 3rd day of December 2007
before Madam Justice Oriyo. A copy of that summons is annexed hereto as ULT-2 to form part
of this Affidavit thereof.
Dated at Dar es salaam this……………day of……………….2023.

………………………

DEPONENT

VERIFICATION

I, LISA SALUM CHUMA the deponent herein DOHEREBY verify that all what is stated in
herein from paragraphs 1 – 11 inclusive of this Affidavit are true to the best of my knowledge
save the contents paragraph of which is based on the information received from my client,
CHAWA PROMAX INVESTMENT LTD which information I verify believe to be true.

Verified at Dar es salaam this …………………day of……………………..2023.

__________

DEPONENT

Sworn at Dar es salaam by the

said LISA SALUM CHUMA

who is known to me

personally this………..day of

…………..2023 in my presence __________

DEPONENT

BEFORE ME

__________________________

COMMISIONER FOR OATHS

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

TO BE SERVED UPON:

THE RESPONDENT
PREPARED BY:

XYZ ADVOCATES

DSM
9. LEGAL DOCUMENTS IN MATRIMONIAL PROCEEDINGS

Procedures and formalities for matrimonial proceedings are provided under PART VI of the Law
of Marriage Act. Section 81 provides that;

 Proceedings seeking for a declaratory decree, decree of separation or divorce shall be

instituted by a petition
 Proceedings seeking maintenance of children or any other matrimonial relief shall be
instituted by chamber applications.

Contents

i) Proper citation of the court

ii) Name of parties
iii) Title of the document
iv) Reasons for petition of divorce
v) Signature of the petitioner
vi) Verification Clause

PETITION FOR DIVORCE

IN THE RESIDENT MAGISTRATE’S COURT OF ARUSHA
AT ARUSHA
MATRIMONIAL CAUSE NO. 20 OF 2023
ANTHONY FELICIAN…………………………………………… PETITIONER
VERSUS
SHANI KAKURU……………………………..…………………RESPONDENT
PETITION FOR DIVORCE
The above named petitioner states as follows:
1. That the Petitioner, an adult male residing in Arusha and his address of service for
purposes of this petition is:
ANTHONY FELICIAN
P.O. BOX 444
ARUSHA
2. That the respondent, an adut female residing in Arusha and her address of service for
purposes of this petition is:
SHANI KAKURU
 P.O. BOX 555
ARUSHA
3. That the petitioner , Anthony Felician was, lawfully married to the respondent Shani
Kakuru in a marriage celebrated at Arusha on 21st July 1995. Attached hereto is a copy
of the marriage certificate marked “Annexure A1” and the petitioner craves for leave of
this honorable court to refer it as part of this petition.
4. That after the said marriage, the petitioner lived and cohabited with his wife at Arusha
from 1995 up to date.
5. That the petitioner and her husband have had two issues of their marriage, viz
i. 1 girl aged 19 years
ii. 1 boy aged 13 years
6. That during the marriage, the petitioner and respondent jointly acquired the following
properties
i. 5 apartment buildings all located in Mbwanga, Kigamboni with plot no’s 231,
555,789, 56 and 78 respectively.
ii. 2 motor vehicles i.e. one Bentley Bentayga with registration number T345 EED
and a Cadillac Escalade with registration number T888 EDN
7. That the petitioner did undertake to refer the problems to the Marriage Reconciliation
Board but to no avail. Attached here to are the different letters from the Reconciliation
Board marked, “Annexture A2” and the petitioner craves for this honorable court to refer
it as part of this petition.
8. On the above premises the petitioner avers categorically that this marriage to the
respondent has irreparably broken down.
9. That, the petitioner and the respondent last resided at Njiro, Arusha which si within the
jurisdiction of this court.
10. That there has been no proceedings in any court in Tanzania or elsewhere to this
marriage.
WHEREFORE the petitioner prays for:
(i) The Court decree of dissolution of the marriage.
(ii) Division of Matrimonial Assets.
(iii) Custody of the issues of the marriage.
(iv) Costs of the Petition.
(v) Any other relief(s) this honourable court may deem fit and just to grant.
Dated at ……………. this ………. day of ………………, …………….

…………………
PETITIONER
 VERIFICATION
What is stated above from paragraphs 1,2,3,4,5,6,7,8,9 and 10 is true to the best of my
knowledge.
……………………………
PETITIONER
Presented for filing this ……….. day of …………………., …………..
…………………………….
REGISTRY OFFICER
COPY TO BE SERVED UPON
The Respondent
DRAWN & FILED BY
The Petitioner
10. PETITIONS OF APPEAL/ MEMORANDUM OF APPEAL

Petition of appeal: This document initiates an appeal from a lower court to a higher court. It is
always accompanied by the judgment/decree of the case is is appealing against.

Memorandum of appeal: it sets out grounds of appeal.

Enabling provisions

Rule 72, 83 of CAT Rules

Order XXXIX Rule 1 of CPC

Contents

i) Name of court where the appeal is to be heard

ii) Statement of the appeal stating where the case originates from
iii) Grounds/ reasons for the appeal
iv) Date of filing
v) Signature of the appellant
vi) Signature of the Registry Officer.

Notice of appeal- to inform the CAT that one intends to file an appeal against the HC.
MEMORANDUM OF APPEAL

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM
CIVIL APPEAL NO 20 OF 2023
(Originating from the Judgment of District Court of Kinondoni, a Miscellaneous Civil
Application No. 34 of 2023 dated 16 July 2018)
GRACE SHIJA…………… ……………………………. APPELLANT
VERSUS
DYNESS FILK………………………………………….. RESPONDENT
MEMORANDUM OF APPEAL
The Appellant named above being aggrieved by the Ruling of the District Court of Kinondoni at
Daresalaam (Hon. Sia, J) in Miscellaneous Civil Application No. 34 of 2023, hereby appeals
against the whole of the ruling and the order thereof on the following grounds:
1. That the learned trial Magistrate erred in law and in fact by granting ownership of the
disputed house to the Respondent.
2. That the learned trial Magistrate erred in law and fact to entertain the issue of locus quo which
was not part of the record of the trial court.
WHEREFORE, the appellant prays for the ruling of the trial Court to be quashed and set-aside
and Ruling to be entered for the Appellant as prayed for in the Application.
Dated at ………….. this ………. day of ………… 2023
……………………………..
APPELLANT
Presented for filing this ………. day of ……… 2023
………………..……….
REGISTRY OFFICER
TO BE SERVED UPON
The Respondent
FILED BY
The Appellant
11. ORIGINATING SUMMONS

This document is used to challenge provisions of the constitution or any law if they are
unconstitutional or they violate human rights.

This is provided under section 5 of the Basic Rights and Duties Enforcement Act, Cap 3 of 2002.
(When the legality of the law is in dispute, we use originating summons).

It is also used to file for election petitions.

The format/structure is the same as the chamber summons. Therefore the contents are:

i) Name of Court
ii) Case Number
iii) Parties to the case
iv) Enabling provisions of the law of the prayers sought i.e. section 5 of the BRADEA
v) Name of the residing judge or magistrate, time and date of the chamber applications
hearing.
vi) The laws/provisions challenged or the election challenged.
vii) A statement saying “ This application has been taken out on the ground and reason set
forth in the affidavit of…… which is annexed hereto and in any further………..”
viii) Date of filing
ix) Signature of the registrar and the court seal.
Relevance

To seek redress in constitutional cases

It is used when facts of the case are not in dispute but the legality/ position of the law.
ORIGINATING SUMMONS

IN THE HGH COURT OF TANZANIA

(MAIN REGISTRY)
AT DARESALAAM
MISCELLANEOUS CAUSE No. 2 OF 2023
IN THE MATTER OF THE CONSTITUTION OF THE UNITED REPUBLIC OF
TANZANIA 1977 (AS AMENDED)
AND
IN THE MATTER OF BASIC RIGHTS AND DUTIES ENFORCEMENT ACT, CAP 3
[R.E. 2019]
AND
IN THE MATTER OF BASIC RIGHTS AND DUTIES ENFORCEMENT (PRACTICE
AND PROCEDURE) RULES 2014
AND
IN THE MATTER OF CHALLENGING SECTION 188 OF THE CRIMINAL
PROCEDURE ACT, CAP 20 [R.E.2022]
BETWEEN
PILI KISENGA………………………………………………………….. PETITIONER
AND
THE HON. ATTORNEY GENERAL ………………………………………..RESPONDENT
ORGINATING SUMMONS
(Made under S. 95 of the Civil Procedure Code, Cap 33 [R.E. 2019], Section 4 and 5 Of the
Basic Rights and Duties Enforcement Act, Cap 3 [R.E. 2019], Article 26 of the Constitution of
the United Republic of Tanzania, 1977 and any other enabling provisions of the Law)
LET ALL PARTIES CONCERNED attend the Honourable Justice……………. in Chambers
……….. in the High Court of Tanzania at …………….. on the …….day of …………… at 9
O’clock in the forenoon or soon thereafter on the hearing of the petition on the part of the
Petitioners, that this Honorable Court may be pleased to issue declaratory judgment, orders and
reliefs that;
(a) The provisions of section 188 of the Criminal Procedure Act be declared unconstitutional and
therefore null and void.
(b) The costs of the petition be borne by the Respondent.
(c) Any other reliefs be awarded to the Petitioners 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 Pili Kisenga which is annexed hereto and on any further grounds and reasons to be
adduced at the hearing.
Dated at ……………………………. this ……… day of …………… 2023
………………………………….
REGISTRAR
Presented for filing this …………. day of ………… 2023
…………………………..
REGISTRY OFFICER
TO BE SERVED UPON:
THE HON. ATTORNEY GENERAL
P.O. Box 9050
DAR-ES-SALAAM
DRAWN AND FILED BY:
AA Advocates
12. DOCUMENTS IN ADMINISTRATION OF ESTATES

These are documents one files to the court to be granted the Letters of Administration (for
intestacy) or Probate (for testacy). Some other documents include;

-Caveat

-Administrator’s oath

-Notice to Creditors

-Inventory

-Distribution Schedule

-Accounts for the estate, etc.

Contents

i Name of court
ii Title of document
iii Statement of the petitioner ,
iv Facts
v Date of filing
vi Signature of the Petitioner
vii Signature of the Registrar
viii
DOCUMENTS IN ADMINISTRATION OF ESTATES

1. Letters of Administration
IN THE HIGH COURT OF TANZANIA
AT DARESALAAM
PROBATE AND ADMINISTRATION CAUSE NO 10 OF 2023
In the Matter of the Estate of the Late Anastasia Gustavo
AND
In the Matter of the Application for Letters of Administration by
PETITION FOR LETTERS OF ADMINISTRATION
(Section 56 of Probate and Administration of Estates Act)
I, Pili Kisenga of P.O. Box 345, Daresalaam hereby to this Honourable Court for grant of letters
of administration of the late Ana Gustavo who died at Muhimbili Hospital, Daresalaam on the
27th day of June 2023
1. That the said deceased left surviving him the following relatives
i Rebeca Gustavo residing in Arusha
ii Frank Gustavo residing in Arusha
iii Merilyn Gustavo residing in Daresalaam
2. That this petition is made by me as the niece of the deceased.
3. That I believe that the assets which are likely to come to my hands will be:
i 2 houses situated in Mbezi beach with plot numbers 777 and 32 respectively
ii 1 car , a Prado V8 with registration number T213 AAA
iii A CRDB account with number J245667780986 with 56 million Tanzanian Shillings
4. That the said deceased died intestate and due and diligent search has been made for a WILL
but none has been found.
5. That the deceased at the time of his death had a fixed place of abode at Masaki, Daresalaam
and had property within the jurisdiction of this Honorable Court.
6. That the said deceased was a Tanzanian and professed the Christian religion.
7. That no proceedings for the grant of probate or letters of administration or otherwise for the
administration of the estate of the deceased have been commenced before any court or authority
whether inside or outside Tanzania.
 8. And I, Pili Kisenga the petitioner above-named declare that what is stated above is true to the
best of my knowledge.
DATED at ……………….. this ………… day of ……………….. 2023
.……………………
PETITIONER
Presented for filing this …………… day of ……………… 2023
………………………..
REGISTRY OFFICER
DRAWN & FILED BY:
Lisa & Associates
2. Accounts of Estate

IN THE HIGH COURT OF TANZANIA

(DARESALAAM DISTRICT REGISTRY)

AT DARESALAAM

PROBATE AND ADMINISTRATION CAUSE NO: 32 OF 2023

In the matter of the Estate of the late Anna Gustavo

AND

In the matter of grant of letters of Administration to Lina Gollin

ACCOUNTS OF ESTATE

(Section 103 of Probate and Administration of Estates Act, Cap 352 and Rule 107 of
Probate and Administration of Estates Rules)

Date of Grant: 17 day of September 2023

VALUE

1. Estate as per Inventory 4,00,000

2. Estate realized 3,000,000

3. Gain/loss on realization 150,000

GROSS ESTATE

Payments:

1. Funeral Expenses 900,000

2. Debts 200,000

3. Administration Expenses 150,000

4. Net estate available for distribution 1,500,000

The aforesaid residue of 1,500,000 has been divided to:-

a) Rebecca Gustavo

b) Hillary Gustavo
I, Pili Kisenga the administrator of the estate of Ana Gustavo hereby certify that the
foregoing accounts are true to the best of my knowledge and belief.

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

…………………………..

SIGNATURE OF ADMINISTRATOR

Presented for filing in Court this ……. day of ………. 2023

……………………….

REGISTRY OFFICER

DRAWN BY:

Lisa & Associates

P.O. BOX 335

13. BILL OF COSTS

Is a document that sets out the costs incurred by a party in a civil lawsuit and is usually
submitted to the court for taxation. It is provided under Rule 38 of the ADVOCATES’
REMUNERATION AND TAXATION OF COSTS RULES.

This document is used by a party who wants to be reimbursed for the expenses incurred during
the proceedings. This document is filed at the end of the suit and it is the court that decides who
gets to pay the costs. It is accompanied by Certificate of Folios.
BILL OF COST
THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM

CIVIL APPLICATION NO. 34 OF 2023

CHAWA PROMAX INVESTMENT LTD……………………...……..DECREE HOLDER

VERSUS

MYONGENI COMMERCIAL BANK PLC…………………………………..

………………………………… JUDGMENT DEBTOR

BILL OF COST

DATE ITEM PARTICULAR AMOUNT AMOUNT

CLAIMED( TAXED(TSH
TSHS) S)
1/1/2022 1 Attending tribunal for mention 100,000/=
2/2/2022 2 Attending tribunal for mention 100,000/=
2/3/2022 3 Attending tribunal for hearing 100,000/=
3/3/2023 4 Attending tribunal for hearing 200,000/=

7/7/2022 5 Attending tribunal for hearing 200,000/=

Drawing of bill of cost

6 70,000/=
7 Filing of bill of cost 50,000/=
SUB TOTAL 820,000/=
Add 10% of Bill of costs
Add: Disbursements 82,000/=
Filing fees
1. Exchequer receipt No.
527282 6000/=
2. Exchequer receipt No.
615527
12,000/=
Transport 100,000/=
 Communication (Airtime for 500,000/=
mobile,Telephone,
Fax,Internet)
Stationary 300,000/=
SUB TOTAL 918,000/=
Add 10% of subtotal 91,800/=
GRAND TOTAL PAYABLE 1,911,800/=

Dated at Daresalaam this ….. day of .. 2023

……………………………
ADVOCATE FOR DECREE HOLDER
The Bill of Cost is taxed at Tshs 1,911,800/=

Less amount taxed off Tshs 900,000/=

Dated at Daresalaam this ……. day of …….. 2023

…………………….
REGISTRY OFFICER
DRAWN & FILED BY
CHUMA ADVOCATES
P.OBOX 678
DSM
COPY TO BE SERVED UPON
YUFGYWEGFY
P.O.BOX 987
DSM
CERTIFICATE OF FOLIOS

THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM

CIVIL APPLICATION NO. 34 OF 2023

CHAWA PROMAX INVESTMENT LTD……………………...……..DECREE HOLDER

VERSUS

MYONGENI COMMERCIAL BANK PLC…………………………………..

………………………………… JUDGMENT DEBTOR

CERTIFICATE OF FOLIOS

I Lisa Chuma, Advocate of the Decree holder do hereby certify that the folios indicated in the
attached bill of cost are the correct folios.

Dated at Daresalaam this ….. day of…. 2023

………….…………

ADVOCATE FOR DECREE HOLDER

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

…….……………….

REGISTRY OFFICER

DRAWN & FILED BY

CHUMA ADVOCATES
HDGFYWGF
DSM
COPY TO BE SERVED UPON
YUFGYWEGFY
P.O. BOX 098
DSM
14. WRITTEN AND FINAL SUBMISSIONS

Is a form of legal document which is done with the leave of the court and upon agreement of
both parties, by parties to their case of their advocate to court for the purpose of presenting their
arguments in form of writing instead of oral hearing.

Enabling provisions

a) BRADEA (PROCEDURE) RULES , rule 13

b) THE HIGH COURT COMMERCIAL DIVISION RULES, rule 64-66.
c) COURT OF APPEAL RULES ,rule 34(2) and 106

Contents

i. Title of the court

ii. Case Number
iii. Parties
iv. Title of the document
v. Introduction
vi. Submissions in paragraph categorized by issues of the case. Always remember to
support your arguments with authorities (laws and precedents)

Relevance

i. To enable the court to better understand the nature of the case and issues properly as
altimetry and adjudicate case. The court went further to say after filing of written
submission, the respondent will have to file a reply and failure to do so will have
waived the opportunity to state their case in court. This was said in the case of
KHALID MISONGO vs. UNITRANS CO. LTD, Civil Appeal, No. 20 of 2011.
ii. It saves court time. Instead of the judge/magistrate doing all the research and
findings, a written submission may take care of that.
iii. It enhances advocacy skills especially writing skills.
WRITTEN & FINAL SUBMISSIONS

THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM

CIVIL APPLICATION NO. 34 OF 2023

CHAWA PROMAX INVESTMENT LTD……………………...……..APPLICANT

VERSUS

MYONGENI COMMERCIAL BANK PLC…………………………………..

………………………………… RESPONDENT

WRITTEN SUBMISSION

May it please your Lordship, Aggrieved by the decision of the District Court of ……….District (

YOUR LORDSHIP, this Joint Final Submission by the First and Third Defendants are made
against prayers sought in the Plaint filed by the Plaintiff in this Court on the …….. day of
………………, 200…, seeking the following reliefs:-

a) An order for payment of specific damages of ……………….;

b) An order for payment of general damages of …………………..;

c) Interest at a commercial rate of 6% on a) and b) above from the date of filing this suit to the
date of judgment;

d) Interests at Court rate of ….% from the date of judgment to the date when the Decree will be
fully settled;

e) Costs be provided for;

f) Any other order and/or relief as the Honourable Court may deem just and fit to grant.

The submission is also in support of the separate First and Third Defendant’s Written Statements
of Defence filed in this Court on ………..of …………, 200…, with the main prayer that the Suit
is dismissed with Costs, for both the First and Third Defendants, while the First Defendant
praying also for judgment and decree against the Plaintiff in terms of the Counter Claim averred
in paragraph… of the Written Statements of Defence of the First Defendant. The submission is
predicated on the pleadings and evidence adduced in the course of the trial.

YOUR LORDSHIP, the Submission herein is divided into two parts, namely:-

1. ISSUES

At the first hearing of the case, before Your Lordship, the following ISSUES were framed:-

1. Whether or not there was a contract between plaintiff and defendant

2. Whether the Defendant breached any term of the said contract

3. Whether or not Plaintiff paid the Third Defendant for the value of

4. What reliefs are the parties entitled to?

2. ANALYSIS OF THE EVIDENCE, THE ISSUES, AND THE LAW

ISSUE 1 Whether or not Plaintiff contracted the 1st or Second Defendant to deliver cargo to
Plaintiff’s godown?

YOUR LORDSHIP, to answer this question would require evidence of one of these three
things. One, an express Contract which clearly stipulates that Plaintiff did contract the Defendant
to deliver the cargo by Plaintiff. Two, evidence that though there is no express or written contract
between Plaintiff and the Defendant, Plaintiff has dealt with the Defendant, in such a way that
an implied contract can be inferred.

YOUR LORDSHIP let us begin by exploring the first alternative to the effect that there was an
express contract between Plaintiff and either the First or the Second Defendant. This alternative
seems out of the equation because Plaintiff has failed to produce a single document of any type
to prove that it contracted either the First or Second Defendant.

To muddle matters more, the Principal Officer of the Plaintiff, one Justin Kio who testified as
PW1, when questioned whether the Plaintiff had contracted the First Defendant or Second
Defendant, in no uncertain terms replied that the Plaintiff did not contract the defendant His
answer was he was away for holiday.

YOUR LORDSHIP, the Evidence Act, CAP 6 [R.E.2022] is clear on the burden of proof.
Section 110 (2) provides that whoever desires any court to give judgment as to any legal right or
liability dependent on the existence of facts that he asserts must prove that those facts exist. The
plaintiff in paragraph 6 of the Plaint has asserted that on the 18th day of July 2023 contracted the
Defendant to deliver the cargo
However, the plaintiff has failed to prove before your honorable court that such a contract
existed between Plaintiff and the Defendant. No document was produced exhibiting such a
contract or any relation between Plaintiff and Defendant to imply a contract. The relationship
between Plaintiff and the Defendant simply implies that the latter operated as an agent only.
Since Plaintiff has failed to prove a contract with the Defendant. The Plaintiff has no action
arising out of the contractual loss. The Plaintiff tried to rely on the contract agreement.

ISSUE 2 Whether the First or Second Defendant breached any term of that contract?

YOUR LORDSHIP, since there was no contract between Plaintiff and the First Defendant, the
second issue does not apply to the Defendant.

ISSUE 3 what reliefs is the Plaintiff entitled to

YOUR LORDSHIP, since there was no contract between the Plaintiff an dteh defendant, the
thirds issue does not apply for the plaintiff.

The Defendant pray that the Plaintiff’s suit is dismissed with costs.

Dated at Dar-es-Salaam this ……………… day of … 2023

……………………………

ADVOCATE FOR THE DEFENDANT

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

………………………………

REGISTRY OFFICER

COPY TO BE SERVED UPON:

THE RESPONDENT

DRAWN GRATIS AND FILED BY:

LEGAL AND HUMAN RIGHTS CENTRE LEGAL AID UNIT

P.O. BOX 75254

DAR ES SALAAM
NOTICE OF APPEAL

IN THE COURT OF APPEAL OF TANZANIA

AT DARESALAAM

In the Matter of an Intended Civil Appeal No. …..

BETWEEN

LEE COMPANY……………………………………………. APPELLANT

AND

REGGY COMPANY…………………………………………………RESPONDENT

(Appeal from the Judgment and Decree of the High Court of Tanzania at Daresalaam
(Mlyambina J.) dated the 21st day of April, Civil Case No. 24 of 2018)

NOTICE OF APPEAL

TAKE NOTICE that the appellant, LEE COMPANY being dissatisfied with the Judgment and
Decree of the High Court (Mlyambina, J.) delivered at Daresalaam on the 21st day of April of
2018 intends to appeal to the Court of Appeal of Tanzania against the whole of the Judgment and
Decree.

The Address of the Appellant is:

LEE COMPANY

P.O.BOX 545

DARESALAAM

Dated at ……………….. this ……..day of ….. 2023

…………………………………….

APPELLANT

To: The Registrar of the High Court of Tanzania, District Registry.

Lodged in the High Court of Tanzania, DARESALAAM District Registry

This…… day of ………… 2023

……………………………
 REGISTRY OFFICER

COPY TO BE SERVED UPON:

THE RESPONDENT

DRAWN BY:

Chuma

DAR ES SALAAM
15. DOCUMENTS FOR JUDICIAL REVIEW

When one seeks prerogative orders from the court i.e

-Mandamus

-Certiorari

-Prohibition

-Harbeas corpus

Applications for this leave is done by way of Chamber applications, and this leave is usually
done ex-parte. When the Government is a party in any civil matter according to s.18 (1) of The
Law Reform (Fatal Accidents and Miscellaneous Provisions) Act require the AG to be
summoned to appear as a party to the proceedings for leave and if he doesn’t appear on the date
set for hearing the application may precede ex-parte.

In prerogative proceedings, the requirement of 90 days’ notice as per the GPA doesn’t apply.
This is provided under several laws, rule 7(5) of Law Reform (Fatal Accidents and
Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules GN. 324 of 2014, section
2(3) of JALA and section 68 and 95 of CPC.
These orders are exclusively applied for in the High Court by virtue of section 2 of JALA.
Requirement for leave for the application of judicial review is provided under rule 5 of GN
324/2014. The leave shall be applied through chamber summons and be accompanied by a
statement providing for the name, description of the applicant, relief sought and grounds for
relief sought, affidavits verifying the facts relied on. The leave is structured on Form A found in
the 1st schedule of the rules.
After the leave has been granted, the application shall be made by way of chamber summons
supported by affidavit and the statement in respect of which leave was granted as per rule 8 of
the rules. This chamber summons shall be in Form B set out in the 1st schedule.
APPLICATION FOR LEAVE

IN THE HIGH COURT OF TANZANIA

DISTRICT REGISTRY OF DARESALAAM
AT DARESALAAM
MISCELLANEOUS CAUSE NO. 547 OF 2019
In The Matter Of An Application For Leave To Apply For Orders Of
Mandamus/Prohibition/ Certiorari
In The Matter beween
ASHA RAMA………………………………………………….….APPLICANT
AND
1. JANETH NGODO……………………………………….. 1st RESPONDENT
2. HON. MINISTER FOR LEGAL AFFAIRS……………2nd RESPONDENT
3. THE HON. ATTORNEY GENERA……………………3rd RESPONDENT
CHAMBER SUMMONS (EX-PARTE)
(Made under rule 5(3) of The Law Reform (Fatal Accidents and Miscellaneous Provisions)
(Judicial Review Procedure and Fees) Rules, 2014)
LET THE APPLICANT appear before Honorable ……………………….sitting in chambers the
day of …..2023 at 9:00 in the forenoon or sooner thereafter, when the applicant/counsel for the
applicant may be heard on an application for the following orders;-
(a) That the decision by the 2nd Respondent was arbitrary and contrary to the rules of
natural justice.
(b) That the decision was irrational, i.e. unreasonable and unfair
(c) That the decision was tainted with procedural impropriety.
(d) That the decision violated the provision of Article 13 (6) (a) of the Constitution of the
United Republic of Tanzania.
This application is brought at the instance of Asha Rama and is supported by the statement of the
applicant and the affidavit of Asha Rama.
Given under my hand and seal of this court, this…….day of…….. 2023.
………………….
REGISTRAR
Presented for filing this ….day of….. 2019
………………………..
REGISTRY OFFICER
DRAWN & FILED BY
Lisa & Associates
P.O. BOX 987
DSM
TO BE SERVED UPON
RESPONDENTS
DSM
CHAMBER SUMMONS FOR JUDICIAL REVIEW

IN THE HIGH COURT OF TANZANIA

DISTRICT REGISTRY OF DARESALAAM
AT DARESALAAM
MISCELLANEOUS CAUSE NO. 547 OF 2019
In The Matter Of An Application For Leave To Apply For Orders Of
Mandamus/Prohibition/ Certiorari
In The Matter beween
ASHA RAMA………………………………………………….….APPLICANT
AND
1. JANETH NGODO……………………………………….. 1st RESPONDENT
2. HON. MINISTER FOR LEGAL AFFAIRS……………2nd RESPONDENT
3. THE HON. ATTORNEY GENERA……………………3rd RESPONDENT
CHAMBER SUMMONS
(Made under rule 8(2) of The Law Reform (Fatal Accidents and Miscellaneous Provisions)
(Judicial Review Procedure and Fees) Rules, 2014)
LET THE APPLICANT appear before Honorable ……………….sitting in chambers the day of
….. 2023 at 9:00 in the forenoon or sooner thereafter, when the applicant/counsel for the
applicant may be heard on an application for the following orders;-
(a) That the decision by the 2nd Respondent was arbitrary and contrary to the rules of
natural justice.
(b) That the decision was irrational, i.e. unreasonable and unfair
(c) That the decision was tainted with procedural impropriety.
(d) That the decision violated the provision of Article 13 (6) (a) of the Constitution of the
United Republic of Tanzania.
This application is brought at the instance of Asha Rama and is supported by the statement of the
applicant and the affidavit of Asha Rama.
Given under my hand and seal of this court, this…….day of…….. 20……
………………….
REGISTRAR
Presented for filing this ….day of….. 2023
………………………..
REGISTRY OFFICER

TO BE SERVED UPON:
Lisa & Associates
P.O.BOX 777
DSM
DRAFTED & FILED BY:
XYZ ADVOCATES
DSM
16. INTERROGATORIES
These are written questions which are formally put to one party in a case by another party and
which must be answered. One way to get information about a case is to serve interrogatories.
Their basis is under Order IX Rule 1 of the Civil Procedure Code. The format of interrogatories
is provided for in Form C/2 of the Civil Procedure Code (Approved Forms) GN. No. 388 of
2017.
INTERROGATORIES

THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA

AT DARESALAAM

CIVIL CASE No. 34 of 2023

CHAWA PROMAX INVESTMENT LTD……………………...…….APPLICANT

VERSUS

MYONGENI COMMERCIAL BANK PLC…………………………………..

………………………………… RESPONDENT

INTERROGATORIES

(O.XI, r. 1 and 2 of the Civil Procedure Code)

Interrogatories on behalf of the above-named ……………………………………….. for the

examination of the above-named …………………………………………….………..

1. Did not……………………………………………………………….………………...

2. Has not,…………………………………………………………………..………..

3. .……………………………………………………………………………………

4.………………………………………………………………………….………………………

………………………….

Defendant/Plaintiff

(The …………………………………… is required to answer the interrogatories

numbered………………………..). (The …………………………………….. is required to
answer the interrogatories numbered…………………………………………………..)

………………………….

Judge/Magistrate