Ref. No.

FK LAW/10/1 14th January, 2010

The General Manager,

CXC TOURS & SAFARIS LTD,
P.O. Box 13380,
Kinondoni Makaburini
Hugo House 1st Floor
DAR ES SALAAM
TANZANIA

Dear Sir,

RE: DEMAND NOTICE AS REGARDS TO BREACH OF TWO VEHICLES SUB-

HIRE AGREEMENTS PAY TZS 75,850,000/=

Please refer to the above captioned Subject.

We are acting for and on behalf of our client one Dr.Mgaywa Magafu who is
your customer since 12th May, 2009 as per two Vehicle(s) Sub-hire agreements
you entered between yourselves.

Under the instructions of the said client, we demand from you to promptly pay
him through his Account number and names 01J2053539801, CRDB Bank
Holland Branch,Magafu Damas Mgaywa the amount of money to the tune of
TZS 75,850,000/= (say TZS Seventy Five Million Eight Hundred and Fifty
Thousand only) the same being compensation and damages for sufferings he
sustained resulting from defaulting the terms of the said two agreements in
respect of two vehicles namely PAJERO IO with Registration number T 481
ARF and HONDA CRV with registration number T 228 AZN and unbecoming
and negligent misrepresentations causing him extreme embarrassment,
trauma (extreme physical pains) distress shock and mental anguish (torture)
apart from endangering his life due to inhuman and unbecoming acts of your
office towards the said client in the following manner:

1. That you entered into two vehicle(s) sub-hire agreements with Dr

Mgaywa Magafu (our client) respectively on 12 th May , 2009 in respect

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 of Pajero IO vehicle registration number T 481 ARF and on 19 th May
2009 in respect Honda CRV vehicle registration number T 228 AZN.
2. That among the terms of the two vehicle(s) sub-hire agreements our
client was entitled to TZS 1,000,000 per month being payment in
respect each vehicle you hired from him and such payment was to be
made through his bank account number 01J2053539801 CRDB at
Holland Branch under clause (x) & (xi) of each of the two said
vehicle(s) sub-hire agreements.
3. That willfully you defaulted from paying the amount of money stated
in para 2 above in respect to two vehicles for seven months now.
4. That despite our client’s efforts to make physical follow up at your
offices and reminding you in writing there before.
5. That on 29th of August 2009 you only deposited into our client’s said
account TZS 1,500,000 which was not adequate as per two vehicle(s)
sub-hire agreements.
6. That under clause (xii) of the vehicle sub-hire agreement in respect of
the Pajero IO registration number T481 ARF you were required to
inform the OWNER (our client) within 48 hours in case of the
accident. You did not inform our client in respect of the accident that
occurred on the car causing permanent injury on the AC system and
parts of the said car.
7. That after you have defaulted to pay him you went on making false
misrepresentations on paying the amount due to him.
8. That our client came from Europe in Italy where he is undergoing his
studies to make follow ups on the money due to the vehicles sub-hire
agreements, he has incurred expenses in regards to transport to and
fro Italy, accomadations during the time for waiting for the payments
and that it is the same money he expects to use for his up keep while
in Italy.

9. WHEREFORE as a result of all the foregoing defaulting acts done by

your office towards the said client we are instructed to demand from
you within 30 days of service of this notice that you:
(i) Pay damages for default and losses incurred by our client
caused by your office (by falsely misrepresenting to him that

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 you will pay him tomorrow which never came thus making him
continue to wait while missing his studies in Italy incurring
expenses in terms of Hotel accommodations, meals for and Air
transport expenses to and fro Italy ) to the tune of TZS
60,000,000/= (say TZS Sixty Million).
(ii) Pay TZS 15,000,000/= (say Fifteen Million) only being damages
for causing trauma (severe physical pains) and mental loss and
expenses incurred, resulting from suspended the payment of
the money) from 12th June 2009 to 12th December, 2009.
(iii) Pay TZS 850,000/= (say Eight Hundred and Fifty Thousand)
only as compensation for actual expenses spent in making
fruitless follow ups with CXC TOURS & SAFARI LTD
Management from 21st December 2009 to 15 January 2010.
th

TAKE FURTHER NOTICE THAT failure to act in accordance with the demands
contained herein within the prescribed days shall attract us nothing short of
commencing legal proceeding against you without further ado in which case
you will be compelled to pay the prescribed amount demanded plus interest,
further damages suffered by our client, and other legal consequences arising
from those legal proceedings.

We remain respectively,

Yours faithfully,

………………………..
For FK LAW CHAMBERS (ADVOCATES)

Cc: Dr.Mgaywa Magafu (Our Client)

P.O.BOX 65551
DAR ES SALAAM.