Originating summons in Tanzania (guide, sample & pdf)

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

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

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.

Sample of originating summons 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:

1. The provisions of S. …………. of the…………………………. Act, be declared unconstitutional and therefore null and void for contravening the provision of Article….. Of the 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.