Sample of certificate of urgency


Certificate of urgency meaning

A certificate of urgency is a legal document used in a civil case that requires an urgent court response. This document is filled by the plaintiff to tell the court that his/her case consists of issues that require immediate court help. Those issues may include; your house is up to be demolished, or when your house is up to be sold by Bank after breaching mortgage terms, etc

This document is always accompanied by other relevant documents, Depending on your issue this document may be accompanied by plaint (in case of a normal civil suit) or chamber summons supported by affidavit (in case of application).

Among others, these documents must contain the facts which convince the court that your issues are urgent and it needs an immediate reaction otherwise your case will not be considered urgent.

Certificate of urgency sample

The samples certificate of urgency below will give you a clear picture of the form and the contents of the certificate of urgency. The first sample is a certificate of urgency in the High Court and the second one is a certificate of urgency in the Court of Appeal

Sample 1.

IN THE HIGH COURT OF TANZANIA

(LAND DIVISION)

AT DAR ES SALAAM

LAND CASE NO  OF 20..

X AND Y CO.LTD                                                          PLAINTIFF

VERSUS

A AND B                                                                     DEFENDANT

CERTIFICATE OF URGENCY

I,…………………………. the director of X AND Y CO. LIMITED, do hereby CERTIFY that the hearing of this Application is of extreme urgency, as the applicant has already transacted with the bank for the purpose of mortgaging the farm, and the said transaction cannot proceed without the applicant being given vacant possession of the farm; that the applicant cannot ensure the safety of the same.

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Dated at Dar es Salaam this ………….day of …….20…

…………………………..

PRINCIPAL OFFICER ABLE TO DEPOSE TO THE FACTS OF THE CASE

Presented for filling this………..day of…………..20..

………………………….

 REGISTRY OFFICER

DRAWN AND FILED BY:

X AND Y LIMITED

P.O. BOX ……..

TO BE SERVED UPON

THE RESPONDENT

P.O. BOX………………

Sample NO. 2

IN THE COURT OF APPEAL OF TANZANIA

AT DAR ES SALAAM

CIVIL APPLICATION NO. …..…….. OF 20…

IN THE MATTER OF CIVIL APPEAL NO…….. OF 20…..

BETWEEN

ABC……………………………………………………………………………………………………………………… APPLICANT

AND

XYZ……………………………………………………………………………………………….………………1ST RESPONDENT

EFG…………………………………………………………………………………………………………….. 2ND RESPONDENT

CERTIFICATE OF URGENCY

[Certificate of urgency in support of the Application for stay and maintenance of the status quo]

I, D AND F, 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………………… belonging to the applicant which is the subject matter of the appeal filed in this Honorable The court on the …………………………

2. That in addition to the appeal filed in this Honorable Court, the Applicant had also filed an application for a stay on the ………….. and the said application came up for hearing on the…………. Before……………………….., J. A. and the ruling thereof were reserved. Before even the ruling for the application is yet to be delivered, the Respondent issued a notice to dispose of the diesel gas oils belonging to the Applicant by their letter dated …………….

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3. That the wrongful and unlawful attempt to dispose of the wrongfully confiscated diesel gas oils are in contempt of court and amount to direct interference of the court’s process and due process of the law since ruling in respect of the application has not yet been delivered.

4. That the wrongfully confiscated diesel oils are currently stored by the Respondents at the facilities of…………………….in………………… where the same can remain safely under a hospitality contract until the final determination of the appeal.

5. That if no restraint orders are issued urgently the Applicant stand 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.

6. That the appeal discloses on its face great chances of success.

Dated at Dar es Salaam this ……day of ……….20…..

… … … … … … … … … … …

Advocate for the Applicant

Declared at Dar es Salaam                 }
by the said  D AND F  who is known}                                                       _______________________
to me personally in my presence     }                                                                        DECLARANT
this……………………….                           }

Before Me:  …. … … … … … … … … …
Commissioner for Oaths

Presented for filing this … day of…………..20..

… … … … … … … … … …

Registrar

Drawn and filed by:-

……………………

Advocates

P.O. Box…….,

Copies to be served upon:-
Respondents

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Isack Kimaro

Editor-in-chief and founder of sherianajamii.com. Holder of Bachelor of Laws (LL.B) from Mzumbe University and Post Graduate Diploma in Legal Practice from the Law school of Tanzania. Lawyer by profession and blogger by passion.

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