A legal document is a written instrument that sets out *rights,
duties, obligations, or facts* recognized and enforceable by law. It is used
in legal processes, transactions, or records.
Examples of legal documents are Contracts, Wills, Court pleadings(like
affidavits, summons), Title deeds, Marriage certificates, Company
registration forms.
In Tanzania, the legal framework governing wills is primarily established
under the Probate and Administration of Estates Act, 1963 (Cap.
352). This Act provides comprehensive guidelines on the creation,
validation, and administration of wills.
Key Legal Provisions on Wills in Tanzania
1. Definition of a Will
According to Section 2 of the Probate and Administration of
Estates Act, a *will* is defined as "the legal declaration of the intentions
of a testator with respect to his property, which he desires to be carried
into effect after his death
2.Age Requirements:
The legal age to make a will varies depending on the applicable law:
- Statutory Law*: 18 years and above.
- Customary Law: 21 years and above.
- Islamic Law: 15 years and above.
- Under Customary Law, an oral will requires at least four witnesses, two
of whom must be relatives.
3. Registration:
While not mandatory, registering a will under the Registration of
Documents Act (Cap. 117) is advisable to ensure its recognition and
ease of administration.
Legal documents must usually follow specific formats and often require
signatures, stamps, or witnesses to be valid.
Characteristics of legal documents
1.Legal Validity: Must be written according to recognized legal
procedures and laws.
2.Clarity and Accuracy: Language is used carefully to avoid ambiguity
and ensure precise interpretation.
3.Use of Legal Language: Contains formal and technical legal terms
and expressions.
4.Structured Format: Each type of document follows a specific format
(e.g., contracts, wills, affidavits).
5.Evidence of Agreement: Serves as proof of agreement between two
or more parties.
6. Signatures and Dates: Often requires signatures of involved parties,
witnesses, and dates to validate the document.
7.Legally Enforceable: If one party breaches the terms, the other can
seek enforcement in court.
Originating summons
Originating Summons is a legal procedure used to begin certain
civil cases, especially where the facts are not heavily disputed and the
main issue is the interpretation of law or legal documents (like statutes,
wills, or contracts).
Key Features:
1.Simpler process: It’s quicker and less formal than a full trial.
2.Used when there’s no major factual disagreement, only legal questions.
3.Filed with an affidavit: The claimant swears to the facts in writing.
4. Common in constitutional, land, or trust matters*.
Example:
If someone wants the court to interpret a clause in a will or decide on the
legal ownership of land without arguing over the facts, they can use
originating summons.
To draft an Originating Summons, we should follow this basic structure,
often based on our jurisdiction’s civil procedure rules (like Tanzania’s
Civil Procedure Code or High Court rules):
The Structure of an Originating Summons:
1. Heading
- Court name (e.g., IN THE HIGH COURT OF TANZANIA)
- District/registry
- Title of the case (e.g., *John Doe v. Registrar of Lands*)
2. Introduction
- Clearly state it's an *Originating Summons* under a relevant provision
(e.g., Order XXXVII of the Civil Procedure Code, Cap 33 R.E 2019).
3. Parties’ Details
- Names, addresses, and descriptions (plaintiff/applicant and
defendant/respondent).
4. Reliefs Sought
- A numbered list of legal questions or declarations you want the court
to answer. E.g.:
(I). Whether the applicant is the rightful owner of Plot No. 45 Block A,
Mwanza.
(II). Whether the respondent's registration is lawful.
5. Grounds/Statement of Facts
- A brief and clear explanation of facts leading to the legal issue (usually
supported in a separate affidavit).
6. Supporting Affidavit
- Sworn document containing the facts.
- Attach relevant documents as exhibits.
7. Verification
- The applicant confirms that the facts are true to their knowledge and
belief.
8. Signature & Date - Signed by the applicant or their advocate, and
dated.
The following is a basic sample of Originating Summons:
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*IN THE HIGH COURT OF TANZANIA*
(DAR ES SALAAM DISTRICT REGISTRY)
AT DAR ES SALAAM
*MISC. CIVIL CASE NO. ___ OF 2025*
*IN THE MATTER OF*: Plot No. 120 Block D, Mikocheni
*AND*
*IN THE MATTER OF*: The Land Registration Act, Cap 334 R.E 2019
*BETWEEN*
*JOHN MWAKYUSA*
(Plaintiff/Applicant)
*AND*
*THE REGISTRAR OF TITLES*
(Defendant/Respondent)
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*ORIGINATING SUMMONS*
Let the parties concerned appear before the Honourable Judge in
Chambers on the … day of … 2025 at … o'clock in the forenoon, or so
soon thereafter as counsel can be heard, to show cause why the following
orders should not be granted:
1. A declaration that the Applicant is the lawful owner of Plot No. 120
Block D, Mikocheni.
2. A declaration that the Respondent's decision to cancel the Applicant’s
title deed is unlawful.
3. An order directing the Respondent to restore the title deed to the
Applicant.
This application is supported by the affidavit of the Applicant, filed
herewith.
Made under Order XXXVII Rule 2 of the Civil Procedure Code [Cap 33 R.E
2019].
DATED at DAR ES SALAAM this … day of … 2025.
*_______________*
JOHN MWAKYUSA
(APPLICANT)
[13/05, 23:12] ChatGPT: *Drawn & Filed by:*
XYZ & Co. Advocates
P.O. Box XXX
Dar es Salaam, Tanzania
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Affidavit
An affidavit is a written statement of facts that is sworn or
affirmed to be true by the person making it (called the deponent or
affiant). It is signed in front of a commissioner of oaths, notary public, or
authorized officer, who certifies that the person has sworn or affirmed the
truth of the contents.
Legal Definitions and References
1. 22 CFR § 92.22 – U.S. Code of Federal Regulations:
Defines an affidavit as a written declaration under oath made before
an authorized person, without notice to any adverse party. It emphasizes
that an affidavit differs from a deposition, as it is taken ex parte and
without notice, whereas a deposition involves notice and the opportunity
for cross-examination.
2. Black's Law Dictionary (2nd Edition):
Describes an affidavit as a written or printed declaration of facts,
made voluntarily, and confirmed by the oath or affirmation of the party
making it, taken before an officer having authority to administer such
oath.
3. Legal Information Institute (Cornell Law School):
An affidavit is a written statement confirmed by oath or affirmation,
used as evidence in court.
4. FindLaw Legal Dictionary:
Defines an affidavit as a sworn statement in writing made especially
under oath or on affirmation before an authorized magistrate or officer.
Key Characteristics of an Affidavit
1.Voluntary Statement: Made without coercion, affirming the truthfulness
of the stated fact
2.Sworn or Affirmed: The affiant swears or affirms the truth of the
statement before an authorized official.
3.Written Document*: The facts are documented in writing, often including
the affiant's signature and date.
4.Used as Evidence*: Affidavits serve as evidence in legal proceedings,
especially when live testimony is unavailable.
5. Must contain only facts, not opinions.
Format of affidavit
Key elements to consider when preparing an affidavit include:
1. Title of the Case
- Includes the name of the court, type of case, case number, and year.
2. Identification of the Deponent*
- Full name, address, nationality, occupation, and other relevant details
of the person swearing the affidavit.
3. Capacity to Swear
- A statement confirming that the deponent is competent to provide
evidence on the matter.
4. Statement of Facts
- Factual information written in numbered paragraphs; should be facts,
not opinions or hearsay.
5. Oath Clause
- A closing statement affirming that the contents are true to the best of
the deponent’s knowledge and belief.
6. Deponent’s Signature
- The deponent must sign the affidavit in the presence of a
Commissioner for Oaths.
7. Jurats
- Indicates the date, place, and name of the Commissioner for Oaths
before whom the affidavit was sworn.
8. Formal and Clear Language
- The language should be formal, clear, and free from offensive or
emotional expressions. It is typically written in English unless otherwise
permitted.
9. Supporting Documents (Annexures)
- Any exhibits should be attached and labeled accordingly (e.g.,
“Annexure A”, “B”, etc.).
10.Verification Clause
A statement confirming that the deponent has read or had the
affidavit read to them and understood its contents.
NOTE: Make sure the affidavit complies with the Evidence Act and is duly
administered by an authorized officer.
Basic example of affidavit
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*IN THE HIGH COURT OF TANZANIA*
(Commercial Division)
AT DAR ES SALAAM
*MISC. COMMERCIAL APPLICATION NO. XX OF 2025*
*BETWEEN*
JOHN PETER – Applicant
*AND*
DAVID MICHAEL – Respondent
*AFFIDAVIT*
I, John Peter, of P.O. Box 123, Dar es Salaam, Tanzanian, businessman by
occupation, do hereby make oath and state as follows:
1. That I am the applicant in this matter and therefore competent to swear
this affidavit.
2. That I instituted Civil Case No. XX of 2025 in this Honourable Court
against the respondent seeking payment of Tshs. 50,000,000/= being debt
due.
3. That the said case is still pending before this Honourable Court.
4. That this affidavit is made in support of an application for extension of
time to file a written statement of claim.
5. That what is stated hereinabove is true to the best of my own
knowledge and belief.
SWORN at DAR ES SALAAM
this ……… day of ………, 2025
________________
DEPONENT
Before me:
________________
COMMISSIONER FOR OATHS
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