Certificate of urgency in Tanzania (principles, sample + pdf)

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

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:-

1. 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….
2. 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.

Sample of certificate of urgency in Tanzania pdf