IN THE HIGH COURT OF TANZANIA

(DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM
MISCELLANEOUS CIVIL APPLICATION NO…......OF 20…

Between
……………………………………………………Applicant

And
………………………………………………………..Respondent
CHAMBER SUMMONS
(Under Order XXI Rule 27 and section 95 of
(The Civil Procedure Code 1966 and any other enabling provisions of the law)

LET ALL PARTIES CONCERNED, ATTEND before Honorable…...............................sitting

in Chambers on the day of 2002 at 9:00 o’clock in the forenoon or
soon thereafter as the court may direct, so that counsel for the Applicant maybe heard on an
application for the following orders:

(1) That execution of the Order of the High Court of Tanzania in Civil Case No.
………….of………… dated ……………and delivered to the parties on.........................be stayed
pending determination of the application for Review

(2) Costs of this application be in the course; and

(3) Any other relief as the court may deem fit and just.

This Chamber Summons has been taken out at the instance of A & B, ADVOCATES, and is
supported by the Affidavit of..................................annexed hereto, and by such other grounds as
may, with the leave of the court, be adduced at the hearing of this application.

Given under my hand and seal of the court this day of

REGISTRAR
Presented for filing in Court this day of

REGISTRY OFFICER

TO BE SERVED UPON:
Respondent

DRAWN AND FILED BY:

A&B
Advocates
.................
 IN THE HIGH COURT OF TANZANIA
(DAR ES SALAAM DISTRICT REGISTRY)
AT DAR ES SALAAM

MISCELLANEOUS CIVIL APPLICATION NO…......OF 20…

Between

……………………………………………………Applicant

And

………………………………………………………..Respondent
AFFIDAVIT
I… an adult Christian and resident of............................DO HEREBY MAKE OATH and state
as follows:

1. That I am an advocate of the High Court of Tanzania and Courts subordinate thereto save
for primary courts and I am charged with the conduct of this matter for and on behalf of the
Applicant. I make this affidavit in support of the application for, inter alia, an order to stay
execution of the order of this Honourable Court in Civil Case No………..of.................contained
in the Ruling dated …………………. which was delivered before the parties on
……………………., pending determination of the application for review.

2. That on...........................this Honorable Court delivered before the parties a Ruling dated
……………….. Awarding the Respondent a colossal sum of Tshs… The Applicant was aggrieved
by this decision and filed its application for reference on the ………………..

3. That on...........................the Applicant’s application for reference was dismissed by the

Honorable Court on the ground that it had been filed out of time. The applicant is aggrieved by the
Honourable Court’s decision hence this application.

4. That the application for reference being made within time, the Applicant has filed an
application for review of the dismissal order upon the following grounds:
(i) The honorable court erred in fact and in law in accepting the Respondent’s objection on
limitation while in his counter-affidavit of (date) the Respondent failed to controvert the fact
deboned in paragraph 4 of the Affidavit XXX made in support of the application for reference,
that the ruling was delivered on.....................and

(ii) The Order dismissing the Applicant’s application for reference on the ground of limitation of
time was entered into by the Honourable Court unaware of the fact that the ruling on the bill of
costs, though prepared and signed by the Taxing Master on………………, was not read and
delivered to the parties until …………………….

(iii) The Honourable Court made its decision in this matter without appraising itself of the court
record in High Court Civil Case No. …………of …………. from where this the matter had its
origins.

5. In the premises, I state that this application for stay of execution is genuine.
That save for what is stated in paragraph 2 which is based on information received from
……………………, what is stated in paragraphs 1, 3, 4 and 5 is true to my own knowledge.

Sworn at Dar es Salaam by the said ]

……………………….who is known ]
To me personally this day of…….]

Before me:

COMMISSIONER FOR OATHS

Presented for filing in Court this day of

Registry officer
TO BE SERVED UPON:
Respondent

DRAWN AND FILED BY:

A&B
Advocates
.................