IN THE DISTRICT COURT OF KILOSA

AT MOROGORO
CIVIL CASE NO. 10 OF 2022

WAKAWAKA COMPANY LIMITED ……………….….…… PLAINTIFF

V
MAZURI COMPANY LIMITED……………….………….. 1ST DEFENDANT
SUKARI COMPANY LIMITED……………….……..…….. 2ND DEFENDANT

PLAINT
1. That, the Plaintiff is an artificial person, an investment company registered under the Companies
Act, (Cap. 212) of the Revised Edition 2002 of the Laws of Tanzania, dealing with general sales
and supply having their registered office at Kilosa. The address of the plaintiff for the purposes
of this suit shall be:-
WAKAWAKA COMPANY (T) LIMITED
P.O BOX 11646
MOROGORO

2. That, the first Defendant is an Investment private Limited Company registered under the
Companies Act, (Cap. 212) of the Revised Edition 2002 of the Laws of Tanzania, dealing with
décor construction, having their registered office in Mvomero Town Council. The address of the
Defendant of service for the purposes of this suit shall be pointed out to the process server by the
Plaintiff, alternatively is:-
MAZURI COMPANY LIMITED
P.O BOX 1011
MOROGORO

3. That, the second Defendant is an Investment private Limited Company registered under the
Companies Act, (Cap. 212) of the Revised Edition 2002 of the Laws of Tanzania, dealing with
décor construction, having their registered office at Morogoro Town Council. The address of the

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Defendant of service for the purposes of this suit shall be pointed out to the process server by the
Plaintiff, alternatively is:-
SUKARI COMPANY LIMITED
P.O BOX 1305
MOROGORO

4. That, the plaintiff claims against the first defendant for quantum compensation of general
damages of Tshs. 1,000,000 /= (One million only), or as may be assessed by the Court, arising out
of frustration and loss of time, due to failure of fulfilling its contractual obligations by failing to
complete the décor of the store on time, which was supposed to be finished by 30th November,
2022 as per the terms of the contract.

5. That, the first defendant and the plaintiff entered into a contractual agreement for the defendant
to décor the store on time for grand opening that was scheduled to take place in 08th December,
2022.

6. That, the plaintiff claims against the second defendant for specific damages amounting to Tshs.
41, 350, 000/= (forty one million, three hundred and fifty thousand only) arising out of the failure
of the second defendant to complete the décor of the store on time for the grand opening and
incurring loss for each day of closure of the store, which was supposed to be executed within 5th
December, 2022.

7. That, The plaintiff and the second defendant had a contractual agreement for the second
defendant to décor the store in time for the grand opening ceremony to take place on 08th December
2022

8. That, the plaintiff agreed to pay Tshs. 750,000/= which was half of the cost for the decoration
which amounts to Tshs. 15,000,000/= on the agreement that, the rest of the amount is to be paid
upon the completion of the job which has to be done on or before 5th December 2021.

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9. That, the defendant failed to décor the store on time for the grand opening thus incurring loss of
Tshs. 25,000,000/= , and loss of Tshs. 550,000/= for each day of closure.
10. That, the plaintiff raised a demand letter for the payment of Tshs. as specific damages to the
above defendants, as per Annexure A.

WHEREFORE, the plaintiff prays for judgment and decree against the first defendant as follows:-
1. Payment of shillings one hundred fort two million (Tshs. 1,000,000/=) as general damages.
2. Payment of interest at 12% courts rate from the date of judgment till full payment.
3. The defendant be condemned for the costs of this suit and,
4. Any other relief (s) that this honorable court may deem just and fit to grant.

WHEREFORE, the plaintiff prays for judgment and decree against the second defendant as
follows:-
1. Payment of shillings one hundred fort two million (Tshs. 41, 350, 000/= ) as specific damages.
2. Payment of interest at 12% courts rate from the date of judgment till full payment.
3. The defendant be condemned for the costs of this suit and,
4. Any other relief(s) that this honorable court may deem just and fit to grant.

Dated at Morogoro, this 18th Day of December, 2022

……………………
Plaintiff
VERIFICATION:
I, AKILI MALI being the managing director of the plaintiff, do hereby verify that the contents of
the paragraph 1,2,3,4,5,6,7,8 and 9 hereinabove is true to the best my knowledge and the
contents of remaining paragraphs is party true to my knowledge and are partly based on the
advice given to me by Mrs. WALI MZURI Advocate, which I believe to be true.

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Verified at Morogoro this 18th Day of December, 2022

………………….
Plaintiff
Present for filing this this 19th Day of December, 2022
………………….
REGISTRY OFFICER

COPY TO BE SERVED UPON:

MAZURI COMPANY LIMITED
P.O BOX 1011
MOROGORO

SUKARI COMPANY LIMITED

P.O BOX 1305
MOROGORO

DRAWN AND FILED BY

MAXMILLAN & CO. ADVOCATES
P.O. BOX 20211
MOROGORO