GYUNDA & CO.

ADVOCATES
Advocates, Notaries Public and Commissioners for Oaths
Plot No. 96/1, Old Dar Es Salaam Road, P.O. Box 547, Morogoro.

Hasan Ramadhan Gyunda, ADVOCATE, Mobile: 0717 019996

LL.B (Mzumbe); PGDLP (Law School of Tanzania) LL.M (Udsm), 0763 436857
Managing Counsel
Email: hassangunda49@gmail.com

Our Ref: No. GCA/L/10/02/2020 2nd October, 2020

DISTRICT EXECUTIVE DIRECTOR,

CHUNYA DISTRICT COUNCIL
P.O Box 73,
CHUNYA

RE: NINETY (90) DAYS STATUTORY NOTICE OF INTENTION TO SUE.

We are acting for and on behalf of our esteemed customer M/S EXTREME
ENGINEERING CONTRACTORS LTD of Postal Office Box number 6474,
Mbeya (hereinafter referred to as Our Client) to address you the good end of the
matter in question as we hereby proceed.
1. That, Our Client entered into the Contract Agreement (the Contract) with
Ileje District Council (the Council) for rural water supply and sanitation
project.
2. That, the said Contract was executed on the 18 th day of July, 2013 with
Contract No. LGA/075/W/WSDP/2012-2013/01 and Contract Title
CONSTRUCTION OF PIPED SYSTEM AND CIVIL WORKS FOR
KIWANJA, MKOLA AND MAPORO VILLAGES CONSTRUCTION OF 2
GENERATOR HOUSES, CONSTRUCTION OF 135M3 TANK ON 6M
RAISER AND 135M3 ON GROUND LAYING OF 24.35KM PIPES OF
DIAMETER RANGING FROM 30MM TO 160MM AND SUPPLY AND
INSTALLATION OF 2 PUMPS AND 2 POWER SUPPLY GENERATOR.
3. That, upon execution of the Contract, Our Client performed the Contract
entirely and she completed the same on 4th April, 2017
4. That, Our Client completed the project as stipulated in the contract on
4th April, 2017.
5. That, it was further agreed, under clause 51 of the Contract, that the
Employer (your office) shall retain 10% from each Interim Payment
Certificate.
6. That, it was also agreed that, after completion of the work, your office
shall pay half of the retention money and the other half of the said
money shall be paid after the defects liability period has ended.
7. That, the defects liability period was 180 days of which the same have
elapsed but the first half retention money has not been paid nor the last
half retention money has been paid.
8. That, the total retention money retained by your office is to the tune of
TZS 41,914,226.70/= (say forty-one million, nine fourteen hundred
thousand two hundred and twenty-six and seventy cents only).
9. That, on the 16th January, 2018 Our Client wrote a claim and handover
letter to your office, the Project Engineer in response to the said letter,
wrote to you on the 26th October, 2018 a letter with ref No.
CDC/C.30/MJ/17/04 requiring your office to pay our Client outstanding
amount to the tune of TZS 41,914,226.70/=.
10. That, from completion of the Project in April 2018 to date, Chunya
District Council has not paid Our Client the retention money, this act is
contrary to the agreement and has occasioned financial loss and mental
distress to Our Client.
11. That, despite several demands that Our Client has been extending
to your good office, these efforts have been proved futile.
12. That, Our Client has suffered psychological harm, financial loss
and suffering irreparable loss since the said money is intended to
generate and be invested in other projects.
TAKE NOTE THAT, this is the statutory notice to demand from you that, you
PAY Our Client the retention money to the tune of TZS 41,914,226.70/= within
90 days from the date of receipt of this Notice;
YOU ARE REMINDED FURTHER THAT, if you don’t heed to this Statutory
Notice, we have firm instructions from Our Client to drag you to the competent
court of law to demand from you due to the unfounded actions you effected as
to your own costs and unpalatable legal consequences.
WE THEREFORE, as a matter of Courtesy, suggest that you make urgent
contact with Our Client or our Office to make suitable arrangements of the said
payments.

Yours Faithfully;

Hasan Ramadhan Gyunda, Esq.

For GYUNDA & Co. ADVOCATES
Copy to:-
1. Our Client …………………………….for information.

2. Solicitor General,
Office of the Solicitor General
10Kivukoni Road,
P.O Box 71554
DAR ES SALAAM
Phone: - +255222127384
Fax:- +255222127385

3. The Attorney General,

Attorney General Chambers,
P.O Box 630,
DODOMA
Phone:- +2552623322161
Fax :- +2552623218661