This post covers everything you need to know about originating summons
What is an originating summons?
An originating summons is a legal document that commences a civil application.
In Tanzania originating summons are used for application to seek redress in constitutional cases.
Its basis is found under Section 5 of the Basic Rights and Duties Enforcement Act, CAP 3 R.E 2002.
An originating summons is different from the chamber summons in the sense that originating summons is used when the facts of the case are not in dispute but the legality of certain positions of the law.
Originating summons sample
This sample will enable you to understand the form and contents of the originating summons.
IN THE HIGH COURT OF TANZANIA
(……………………… REGISTRY)
AT …………………
MISC. CIVIL CAUSE NO. ……… OF …………
IN THE MATTER OF …………………………………..
AND
………………………………………………
BETWEEN
A SON OF B ……………..………………………………………….. Ist PETITIONER
X SON OF Y ……………..………………………………………….. Ist 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 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:
- The provisions of S. …………. of the…………………………. Act, be declared unconstitutional and therefore null and void
- The provisions of S. ……….. and …………. Of the Act be declared unconstitutional and therefore null and void.
- The costs of the petition
- Any other reliefs be awarded to the petitioner as the Court may be pleased to order.
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 …………….., ……………
………………………………
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 ………….,
……………….
IN THE HIGH COURT OF TANZANIA
(……………………… REGISTRY)
AT …………………
MISC. CIVIL CAUSE NO. ……… OF …………
IN THE MATTER OF …………………………………..
AND
………………………………………………
BETWEEN
A SON OF B ……………..………………………………………….. Ist PETITIONER
X SON OF Y ……………..………………………………………….. Ist 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)
We ……………………………… and …………………………, adults Christians and residents of ……………………, do hereby make an OATH and STATES as follows:
That we are the petitioners in this petition thus conversant with the facts we are about to depose.
That we are …………………………………………………………………………….
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.
That on the premises, we pray that the orders sought for in the Originating Summons be granted by this Honourable Court.
That all stated herein is true to the best of my own knowledge.
SWORN at ………………………. by the said Mrs.
……………………. 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 ………….,
……………….
