Students Community

BECOME MEMBER/LOG IN

Originating summons in Tanzania (guide,

sample & pdf)
HOME LEGAL DOCUMENTS ORIGINATING SUMMONS IN TANZANIA (GUIDE, SAMPLE & PDF)

ISACK KIMARO JUNE 16, 2024 LEGAL DOCUMENTS

Here I will teach you everything you need to know about Originating Summons in Tanzania.

I will cover;

What is an originating summons?

Law governing Originating summons in Tanzania
Contents of Originating summons
How to draft an effective Originating summons
sample of originating summons
etc.

Let’s get started

Table of Contents
What is an originating summons?
Law governing Originating summons in Tanzania
Contents of Originating summons
Tips for Drafting an Effective Originating Summons
 Sample of originating summons in Tanzania Students Community
Affidavit to support originating summons
BECOME MEMBER/LOG IN
Originating summons in Tanzania pdf

What is an originating summons?

An originating summons serves as a crucial legal instrument in initiating civil applications,
particularly in the context of seeking redress in constitutional cases especially where any
person alleges that any of the provisions of Articles 12 to 29 of the Constitution has been,
is being, or is likely to be contravened in relation to him.

An originating summons is unique because it is used when everyone agrees on the basic
facts of a case, but there’s a disagreement about how the law should be interpreted or
applied.

Imagine a situation where two parties agree on the fundamental facts of a case. Let’s say
there is a dispute over a constitutional provision regarding freedom of speech.

Both parties acknowledge that a specific statement was made by an individual, but they
differ on whether that statement is protected under the constitutional right to freedom of
speech.

In this scenario, the parties could choose to use an originating summons.

Since the basic facts are not in dispute (the statement was made), the focus of the case
would shift to the legal interpretation of the constitutional provision on freedom of speech.

The originating summons would provide an efficient avenue for resolving the matter by
concentrating on the legal question at hand, without the need for extensive fact-finding
procedures.

By using an originating summons in such a case, courts can expedite the resolution
process, as the parties are not bogged down by disputes over facts but can directly
address the legal issue related to the interpretation or application of the law.

Law governing Originating

summons in Tanzania
This legal procedure is firmly grounded in Section 5 of the Basic Rights and Students
Duties Community
Enforcement Act, CAP 3 R.E 2019 read together with Rule 4 of Basic Rights and Duties
BECOME MEMBER/LOG IN
Enforcement (Practice and Procedure) Rules, 2014.

See also Reply to the petition of appeal in Tanzania (sample & pdf)

Contents of Originating summons

The originating summons must contain;

the name and address of the petitioner;

the name and address of each person against whom redress is sought;
the grounds upon which redress is sought;
the specific sections in Part III of Chapter One of the Constitution which is the basis
of the petition;
particulars of the facts, but not the evidence to prove such facts, relied on
the nature of the redress sought.

Tips for Drafting an Effective

Originating Summons
The following are the basic tips for Drafting an Effective Originating Summons;

Use clear and concise language to state the relief sought and the grounds for the
petition.
Reference the specific legal provisions under which the Originating Summons is
being filed.
Clearly identify the petitioner and respondent in the case.
Clearly state the relief sought, whether it’s a declaratory judgment, specific orders, or
other reliefs.
Provide a brief summary of the grounds and reasons for the petition, supported by an
affidavit.
If applicable, mention any infringement of constitutional rights that form the basis of
the petition.
Attach an affidavit that supports the claims made in the Originating Summons.
 Students Community
Sample of originating summons in
BECOME MEMBER/LOG IN

Tanzania
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA
(DAR ES SALAAM MAIN REGISTRY)
AT DAR ES SALAAM
MISC. CIVIL CAUSE NO. 12 OF 20..

IN THE MATTER OF THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA 1977

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) RULE G.N NO. 304 OF 2014

BETWEEN

A SON OF B ……………..………………………………………….. PETITIONER

AND

HON. ATTORNEY GENERAL OF THE UNITED REPUBLIC OF

TANZANIA………………..RESPONDENT

ORIGINATING SUMMONS

(Made under S.95 of the Civil Procedure Code, 1966, Section ………. and …………. of the Basic
Rights and Duties Enforcement 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, A SON OF B of[address] petitioner and The Hon. Attorney
General of The United Republic of Tanzania, P.O. Box 9050 Dar es Salaam – the
Respondent 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:
 Students Community
1. The provisions of S. …………. of the…………………………. Act, be declared unconstitutional
and therefore null and void for contravening the provision of Article….. Of the
BECOME MEMBER/LOG IN
Constitution
2. The provisions of S. ……….. and …………. Of the Act be declared unconstitutional and
therefore null and void for contravening the provision of Article….. Of the Constitution
3. The costs of the petition
4. Any other reliefs be awarded to the petitioner as the Court may be pleased to order.

See also Written statement of defence in Tanzania (guide, sample & pdf)

GROUNDS UPON WHICH READRESS IS SOUGHT

1. That the Parliament of the United Republic of Tanzania enacted the [name of the Act]
to [purpose of the Act] process in the United Republic, a law which is discriminative in
nature and effect.
2. That the said Act discriminates against people with disabilities by exclude them to
vote.

SPECIFIC SECTIONS IN PART III OF CHAPTER ONE OF THE CONSTITUTION WHICH ARE
BASIS OF THE PETITION

1. That the [name of an Ifringing At], section 13 (1 in nature and effect is contrary to
provisions of Article 13(1), (2) and (4) of the Constitution of the United Republic of
Tanzania 1977 which prohibits the Parliament from enacting any law that, directly or
by implication, discriminates.

PARTICULARS OF FACTS

1. That in 14th August 20.. the Parliament of the United Republic of Tanzania enacted
the [name of the Act] to [purpose] in the United Republic which came into force on
3rd of January 20…
2. That the Constitution of Tanzania 1977 guarantees fundamental freedoms and basic
human rights enshrined therein, prohibits enactment of any provision of law which
discriminates on grounds of nationality, tribe, gender, disability, place of origin,
political ideology, color or religion; the prohibition which is in tandem with various
international human rights instruments to which Tanzania is a party.
3. That in essence and practice, the Provision of the [name of the Act] prohibit people
with disability to vote.

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 ……….. Students Community

BECOME MEMBER/LOG IN

See also Memorandum of appeal in Tanzania (guide, sample & pdf)

………………………………
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 ………….,
……………….

Affidavit to support originating summons

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA
(DAR ES SALAAM MAIN REGISTRY)
AT DAR ES SALAAM
MISC. CIVIL CAUSE NO. 12 OF 20..

IN THE MATTER OF THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA 1977

AND

IN THE MATTER OF BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2019]

AND
 Students
IN THE MATTER OF BASIC RIGHTS AND DUTIES ENFORCEMENT (PRACTICE ANDCommunity

PROCEDURE) RULE G.N NO. 304 OF 2014

BECOME MEMBER/LOG IN

BETWEEN

A SON OF B ……………..………………………………………….. PETITIONER

AND

HON. ATTORNEY GENERAL OF THE UNITED REPUBLIC OF

TANZANIA………………..RESPONDENT

AFFIDAVIT

(Made under S.95 of the Civil Procedure Code, 1966, Section ………. and …………. of the Basic
Rights and Duties Enforcement Act, 1994, Article ………… of the Constitution of the United
Republic of Tanzania, 1977 and any other enabling provisions of the Law)

I A SON OF B, adult Christians and residents of ……………………, do hereby make an OATH and
STATES as follows:

1. That I’m the petitioner in this petition thus conversant with the facts we are about to
depose.
2. That I’m …………………………………………………………………………….
3. 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.
4. That on the premises, we pray that the orders sought for in the Originating Summons
be granted by this Honourable Court.
5. That all stated herein is true to the best of my own knowledge.

SWORN at ………………………. by the said Mr.

……………………. who is personally Known to ………………………….
in my presence this ……… day of …………, DEPONENT
……………….

BEFORE ME:

……………………………………………..
COMMISSIONER FOR OATHS

TO BE SERVED UPON:
HON. ATTORNEY GENERAL Students Community

P.O.BOX 9050
BECOME MEMBER/LOG IN
DAR ES SALAAM

DRAWN AND FILED BY:

ABC & COMPANY,

ADVOCATES,
P.O.BOX ………….,
……………….

Originating summons in Tanzania

pdf

Your turn
My aim here was to tell everything you need to know about originating summons in
Tanzania.

If there is something which is still unclear to you, please don’t be silent.

Leave your comment right now!

+3

Share this post

Leave a Reply
 You must be logged in to post a comment. Students Community

BECOME MEMBER/LOG IN

Trending now

What GPA Should Law Students Aim Crafting Compelling Written

For?: A guide for Tanzania’s law Submissions: A Guide for Law
students Students in Tanzania

The Ultimate CV Writing Guide for Notice of intention to appeal in

Tanzanian Law Students Tanzania (guide, sample + pdf)

About Tanzania Law Students Portal

The ultimate hub for law students in Tanzania! Founded with a passion for legal excellence, we strive
to empower and guide aspiring legal professionals on their academic and professional journey.

Social Icons

Our Services

Proposal Writing & Editing Service

CV & Cover Letter Service

Important Links

Privacy Policy
Editorial Policy
Terms & Conditions

Contact Info
Address: Students Community

Dar-es-salaam, Tanzania
BECOME MEMBER/LOG IN

WhatsApp
+255682657464

Phone:
+255682657464

Email:
admin@tanzanialawstudents.com

Copyright © 2024 - https://tanzanialawstudents.com/