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

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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.
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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.
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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 discriminate 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 ………..

………………………………
REGISTRAR

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

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………………………………
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

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

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
P.O.BOX 9050
DAR ES SALAAM

DRAWN AND FILED BY:

ABC & COMPANY,
ADVOCATES,
P.O.BOX ………….,
……………….

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