Here I will share with you the principles governing certificate of urgency in Tanzania.
In addition to those principles, I will provide a sample of a certificate of urgency in Tanzania.
Let’s get started
Meaning of Certificate of Urgency
In legal proceedings, when a matter is brought under a certificate of urgency, it serves as a formal indication to the Court that the case at hand requires immediate attention and resolution.
This designation underscores the pressing nature of the issue, emphasizing that timely adjudication is essential.
By invoking a certificate of urgency, the parties involved are signaling to the Court the critical need for swift action, prompting expedited procedures to ensure that the matter is addressed promptly and efficiently.
In the case of Wang Shengju & another vs Mohamed Said Kiluwa (suing in the name of Kiluwa Steel Group Company Ltd) Commercial Review case no.9 of 2022 High Court Commercial Division, DSM court stated that;
‘In law, a matter is brought under a certificate of urgency to signify to the Court
that such a particular case is urgent and must be heard and determined expeditiously.Put differently, an application filed under a certificate of urgency (or “utmost extreme urgency” (as the one at hand)) signifies to the Court that, the same should not follow the normal process because the Applicant therein cannot afford to wait to ask a Court for help.‘
Principles governing certificate of urgency
When discussing principles of certificate of urgency, the High Court in the above-referred case (Wang Shengju case), used the South African case of East Rock Trading 7 (Pty) Ltd and Another v Eagle Valley Granite (Pty) Ltd [2011] ZAGPJHC.
The Court stated as follows:
“An applicant has to set forth explicitly the circumstances which he avers render the matter urgent.
More importantly, the Applicant must state the reasons why he claims that he cannot be afforded substantial redress at a hearing in due course.
The question of whether a matter is sufficiently urgent to be enrolled and heard as an urgent application is underpinned by the issue of absence of substantial redress in an application in due course.
The rules allow the court to come to the assistance of a litigant because if the latter were to wait for the normal course laid down by the rules it will not obtain substantial redress. It is important to note that the rules require absence of substantial redress.
This is not equivalent to the irreparable harm that is required before the granting of an interim relief. It is something less.
He may still obtain redress in an application in due course but it may not be substantial.
Whether an applicant will not be able to obtain substantial redress in an application in due course will be determined by the facts of each case.”
From the above statement, the following are the general principles that govern a certificate of urgency;
- The applicant must clearly articulate the circumstances that necessitate urgent consideration of the matter.
- The applicant must provide reasons explaining why the matter cannot wait for a regular hearing and why substantial redress cannot be obtained through normal proceedings.
- The determination of whether a matter qualifies as urgent revolves around the absence of substantial redress through regular proceedings. This means that while redress may still be possible through normal channels, it may not be sufficient or timely.
- When the court decides if something is urgent, it doesn’t need the situation to be extremely serious. Instead, it just needs to see that waiting for the regular process might not fix the problem well enough or fast enough. So, it’s not about the situation being really bad, but about whether waiting would cause a big problem.
- Whether a matter warrants urgency is evaluated based on the specific facts and circumstances of each case. There is no one-size-fits-all determination; instead, the court assesses the particular circumstances presented by the applicant.
Sample of certificate of urgency in Tanzania
IN THE HIGH COURT OF UNITED REPUBLIC OF
TANZANIA
(COMMERCIAL DIVISION)
AT DAR ES SALAAM
COMMERCIAL REVIEW CASE NO. 67 OF 20…
ZAID YAO …………………………….APPLICANT
VERSUS
TICHA KONDE……………………………… RESPONDENT
CERTIFICATE OF URGENCY
I, ISACK KIMARO, 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:-
- That the Respondents are in the process of enforcing the sale of the wrongfully confiscated diesel gas oils amounting to metric tons 6,878.642 belonging to the Applicant which is the subject matter of the appeal filed in this Honourable Court on the 18th April 20….
- That if no restraint orders are issued urgently the Applicant stands 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.
Dated at Dar es Salaam this day of __________, 20…
………………………………….
Advocate for the Plaintiff
Presented for filing this day of _______ 20….
…………………………………………
REGISTRY OFFICER
Drawn and filed by:-
Kimaro, Advocates
Guest House
Plot No. 23, Hope Rd.
P.O. Box 200
Dar es Salaam
Copies to be served upon:-
Ticha Konde,
P. O. Box 11491,
DAR ES SALAAM.
