IN THE HIGH COURT OF TANZANIA

(DODOMA DISTRICT REGISTRY)

AT DODOMA

LAND CASE NO …………… OF 2007

XXXXXXXXXXX………………………….……….………..PLAINTIFF

VERSUS

YYYYYYYYYYYYYYYYYYYYYYYY……………….1ST DEFENDANT
ZZZZZZZZZZZZZZZZZZ………………………..…….2ND DEFENDANT

PLAINT

The plaintiff herein above avers as follows:

1. That the Plaintiff is a natural person and a resident of Dodoma.

His address of the service for the purpose of this suit is in the
care of :

UDOM LLB 4
CONFUCIUS, 3 RD FLOOR,
UDOM CLASSES STREETS,
P.O. BOX 1223
DODOMA

2. That the 1 st Defendant is a government agent and its address for

service of the purpose of this suit is:-

TANROADS HEAD OFFICE,

MAKTABA COMPLEX,
P.O. BOX 2020,
DODOMA

3. That the 2 nd Defendant is the Government’s advisor on legal

matters. His address of service for the purpose of this suit is :

THE HON. ATTORNEY GENERAL,

ATTORNEY GENERAL CHAMBERS,
P.O. BOX 0000
 DODOMA

4. That the plaintiff’s claim against the Defendants jointly and

severally is for the declaration that the Defendants act for
demolishing the plaintiff’s suit premise was unlawful, payment
of the sum of Tshs. 120, 000,000/- (say One Hundred Twenty
Million Shillings Only ) being the compensation for the plaintiffs
suit premises with Ref. No. DOM/AAZ/1793 UHINDINI within
the Dodoma City and payme nt of Tshs 70,000,000/= (say
Seventy Million Shillings Only) being the damages for loss of
Plaintiff’s Certificate

of Title, costs of following up the titles at the Ministry of Land

and Human Settlement and any other reliefs that this Court may
deem fit and/ or equitable to grant.

5. That on or about the 5 th day of January, 2004 the First

Defendant and agent of the 2 nd Defendant served to the Plaintiff
a 60 days notice threatening to demolish all suits premises along
the UHINDINI Road vide its letter with Ref: No RM/
TANROAD/DOM/01/ 11 dated December 2003 alleging the area
to be a reserved one. A copy of the notice to that effect is
annexed herein and marked as Annexture AKL- 1 to form part of
this plaint thereof.

6. That after the issuance of the said notice all the suit premises
which were near the UHINDINI Road including the Plaintiff’s
house were demolished alleging that the said suit premises were
built in reserved are and in violation of the High Way Ordinance
Cap. 167 of the Laws.

7. That the Plaintiff had built the suit premises after being lawfully
granted a Right of Occupancy by the relevant Authority in 1978
for which he was entitled for compensation for the demolished
suit premises. The Plaintiff had been paying all the land rents
and property tax to the Authority granted the same abiding with
the terms and conditions of the Right of Occupancy thereof. A
copy of the Right of Occupancy and various exchequer receipts
are annexed and marked as AKL-2 to form part of this plaint
thereof.
8. That the Defendant(s) act of demolishing the Plaintiff’s suit
premises above mentioned was illegally effected, as the same
was not built within the so called reserved area. The suit
premise was built far away the distance disclosed in the notice
served to the Plaintiff herein.

9. That on February, 2004 the 1 st Defendant informed the Plaintiff

that they were prepared to compensate for the demolished suit
premises, therefore he should submit hit title deeds to allow the
Defendants to ascertain if the demolished house was lawful by
built thereof.

10. That on 6 th day of April, 2004 acting on the request of the 1 st

Defendant the Plaintiff submitted his title deeds to the First
Defendant herein.

11. That further appurtenant to the first Defendant’s act as started

at paragraph 9 herein the Plaintiff’s Certificate of Title got lost.
The Plaintiff had demanded for his Certificate of Title from the
Defendant(s) but all his efforts to have the same had proved
futile, as the Defendant(s) is cunningly kept quite on the lost
title. A copy of the demand letter to that effect is annexed hereto
and marked as Annexture AKL-3 of which leave of this
Honourable Court is craved to refer to it as part of parcel of this
plaint thereof.

12. That the 1 st Defendant’s act of demolishing the Plaintiff’s suit

premises was illegally and or unlawfully affected for failure to
compensate the Plaintiff for his unexhausted improvements
demolished therein and for loss of the Certificate of Title
mentioned herein.

13. That despite various oral and written demands as to intention to

sue, the Defendants have refused, neglected, ignored and or
failed to compensate the Plaintiff for his suit premises which was
unlawful demolished. A copy of the written demand note is
annexed hereto and marked as Annexture AKL-4 of which leave
of this Honourable court is craved to refer to it as part of this
plaint thereof.
 14. That the cause of action arose in Dodoma and the Plaintiff’s
claim is well within the jurisdiction of this Honourable court to
entertain and determine this matter.

WHEREFORE the Plaintiff prays for Judgement and Decree against

the Defendants jointly and severally as follows:-

(i) Declaration that the Defendant act for demolishing the

Plaintiff suit premises was unlawful.

(ii) Payment of Tsh. 120,000,000/= being compensation for the

demolished suit premises

(iii) Payment of Tsh. 70,000,000/= being general damages for loss

of the Plaintiff’s Certificate of Title.

(iv) Costs of the suit be borne by the Defendants

(v) Any other relief(s) this Honourable Court may deem fit and or
just to grant

Dated at Dodoma this………………….day of……………………….2007

______________________________
ADVOCATE FOR THE PLAINTIFF
DULY AUTHORISED TO SIGN THIS
PLAINT ON BEHALF OF THE PLAINTIFF
WHO IS CURRENTLY IN MOROGORO

VERIFICATION

I, AAAAA CCCCCC being the Plaintiff herein DO HEREBY verify that all
what is stated from paragraphs 1,2,3,4,5,6,7,8,10,11,12, 13 and 14
inclusive of this plaint are true to the best of my own knowledge save an
information contains at paragraph 9 of this Plaint of which I verily believe
to be true.

______________________________
ADVOCATE FOR THE PLAINTIFF
DULY AUTHORISED TO SIGN THIS
PLAINT ON BEHALF OF THE PLAINTIFF
WHO IS CURRENTLY IN MOROGORO
Presented for filing this……….day of……………………….2007

__________________________
REGISTRY OFFICER

COPY TO BE SERVED UPON

1. TANROADS HEAD OFFICE,

MAKTABA COMPLEX
P.O. BOX 2020,
DODOMA

2. THE HON. ATTORNEY GENERAL,

ATTORNEY GENERAL CHAMBERS,
P.O. BOX 000
DODOMA

DRAWN AND FILED BY

UDOM LLB 4
CONFUCIUS, 3 RD FLOOR,
UDOM CLASSES STREETS,
P.O. BOX 1223
DODOMA
 IN THE DISTRICT COURT OF DODOMA
AT DODOMA

CIVIL CASE NO. …… OF 2009

AAAAAAAAAAAAAAAAA …..…………..……....PLAINTIFF

V ERSUS

FFFFFFFFF…………….………………………..DEFENDANT

WRITTEN STATEMENT OF DEFENCE

The above mentioned Defendant wishes to state as follows:-

1. That the contents of paragraph 1 and 2 of the Plaint are admitted.

2. That the contents of paragraph 3 are noted

3. That the contents of paragraph 4 are partly noted save to the

wedding conducted

4. That the contents of paragraph 5 are note d

5. That the contents of paragraph and 5 are strongly disputed and the
Plaintiff is put to strict proof thereof. There defendant avers that
there was no valid sale agreement that existed between the two
parties.

6. That the contents of paragraph 6 is strongly disputed and the

Plaintiff is put to strict proof thereof. The defendant states further
that the order of the pieces of veil would have been conclusive if the
sample taken was approved by the appointed kitchen party
committee, which was responsible for the preparations of the
wedding.

7. The contents of paragraph 7 are disputed, the defendant states

further that the sale contract/agreement would have been conclusive
or fulfilled upon approval by the said kitchen party committee and
safe delivery of the veil sample to the wedding committee kitchen
party.
8. That the contents of paragraphs 8 are strongly disputed and the
Plaintiff is put to strict proof thereof. That the Plaintiff was not
ordered to bring the whole bulk of veils rather it was only a sample
that was subject to approved/reviewed by the Wedding Kitchen
Party Committee.

9. That what is stated in paragraph 9 is vehemently denied, the Plaintiff

willfully inflicted herself with mental and physical torture by
hurriedly collecting the bulk of the veils to UDOM carnival without
having approval from the responsible appointed committee.

10. That the contents of paragraph 10 are strongly denied and the
Plaintiff is put to strict proof thereof. The veils (mtandio) are readily
available in several shops in town. In no way would have the
Plaintiff suffered financial losses in making them.

11. That the contents of paragraph 11 are noted and a reply of denial to
such demand note was made on 5 th February, 2008. Copy attached
hereto marked “WK-1” leave is sough to refer to it as part of this
Defence.

WHEREFORE, the Defendant prays this Honourable Court to dismiss

the suit against the Defendant in its entirety and to order the Plaintiff to
pay costs.

DATED at Dodoma this…………..day of ……………., 2020.

………………….
DEFENDANT

VERIFICATION

I, FFFFFFFFFFFFFF do hereby verify that all what is stated in

paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 is true to the best of my own
knowledge

…………………..
DEFENDANT
Presented for filing this………………day of …………, 2020

………………….….
REGISTRY CLERK

Drawn and Filed By:

UDOM LLB 4
CONFUCIUS, 3 RD FLOOR,
UDOM CLASSES STREETS,
P.O. BOX 1223
DODOMA

Copy to be Served Upon:

The Plaintiff
 IN THE HIGH COURT OF TANZANIA
(COMMERCIAL DIVISION)
AT DAR ES SALAAM

MISC. APPLICATION NO….…OF 2016

(Arising from Commercial Case No………. OF 2016)

XXXXX YYYYYY ………………………………..…………..APPLICANT

VERSUS

WAJASI BANK TANZANIA LIM ITED ………………….…………..1ST

RESPONDENT
CBSL AUCTION MART CO. LTD……………………..………...2 ND RESPONDENT

CERTIFICATE OF URGENCY

I, KANJANJA M JANJA, an Advocate for the Applicant herein, do hereby

CERTIFY that it is my humble opinion that-, the application for injunction is of
EXTREME URGENCY, for the reason that the Respondents intends to sale and
deprive the Plot in dispute from the Applicant, and the said Plot is the only
property the applicant and the whole family is depending on for a living. Hence
if the respondents are not stopped, the respondents’ action will defeat the
essence of the main suit which is before this Honourable Court and cause
irreparable loss to the Applicant.

Dated at Dar es Salaam this ……………. day of …………………….. 2016

...............………………………………
ADVOCATE FOR THE APPLICANT

Presented for filing this………….day of ……………………….. 2016

…………………….
REGISTRY OFFICER
COPY TO BE SERVED UPON:
WAJASI BANK TANZANIA LIMITED,
SAMORA AVENUE,
P. O. BOX 001
DAR ES SALAAM

CBSL AUCTION MART CO. LTD,

P. O. BOX 0022
DAR ES SALAAM

DRAWN & FILED BY:

UDOM LLB 4
CONFUCIUS, 3RD FLOOR,
UDOM CLASSES STREETS,
P.O. BOX 1223
DODOMA
 IN THE HIGH COURT OF TANZANIA
(COMMERCIAL DIVISION)
AT DAR ES SALAAM

MISC. APPLICATION NO….…OF 2016

(Arising from Commercial Case No………. OF 2016)

XXXXX YYYYYY ………………………………..…………..APPLICANT

VERSUS

WAJASI BANK TANZANIA LIMITED …………..……………..1ST RESPONDENT

CBSL AUCTION MART CO. LTD……………………..………...2 ND RESPONDENT

CHAMBER SUMMONS

[Made under section 68 (c) and (e), section 95, Order XXXVII rule 1 (a) and 2 (1)
of the Civil Procedure Code Cap 33 RE 2002 and any other enabling provisions]

LET ALL PARTIES hereto attend the Honourable……………………… Judge in

chambers on ………… day of …………. 2016 at …………..o’clock in the forenoon
or soon thereafter as the Counsel for the Applicant can be heard for orders
that:

EXPARTE

1. That this Honourable Court may be pleased to restrain the Respondents

herein , its agents and /or workmen, assignees and others from
continuing with the sale or dealing in whatsoever manner with the suit
premise Plot No. 500 and 600, Block “A” at Kunduchi Mtongani Area,
Kindondoni, Dar es Salaam pending the hearing of the application inter-
parties.

INTER-PARTIES

2. That this Honourable Court may be pleased to restrain the Respondents

herein , its agents and /or workmen, assignees and others from
continuing with the sale or dealing in whatsoever manner with the suit
premise Plot No. 500 and 600, Block “A” at Kunduchi Mtongani Area,
Kindondoni, Dar es Salaam pending hearing and determination of the
main suit.
 3. Any other or further orders, relief and directions as this Honourable
Court may make its discretion to meet the justice of the case.

4. Costs of this application.

This chamber summons has been taken out on the grounds and reasons set
forth on affidavit of XXXX YYYYY, the Applicant herein and shall be
supported by such other arguments to be adduced at the time of hearing.

Given under my Hand and the Seal of the Court this …… day of ………….. 2016

……………………
REGISTRAR
Presented for filing this………day of…………………………2016

……………………..
REGISTRY OFFICER

COPY TO BE SERVED UPON:

WAJASI BANK TANZANIA LIMITED,
SAMORA AVENUE,
P. O. BOX 001
DAR ES SALAAM

CBSL AUCTION MART CO. LTD,

P. O. BOX 0022
DAR ES SALAAM

DRAWN & FILED BY:

UDOM LLB 4
CONFUCIUS, 3RD FLOOR,
UDOM CLASSES STREETS,
P.O. BOX 1223
DODOMA
 IN THE HIGH COURT OF TANZANIA
(COMMERCIAL DIVISION)
AT DAR ES SALAAM

MISC. APPLICATION NO….…OF 2016

(Arising from Commercial Case No………. OF 2016)

XXXXX YYYYYY ………………………………..…………..APPLICANT

VERSUS

WAJASI BANK TANZANIA LIM ITED ………………….…………..1ST

RESPONDENT
CBSL AUCTION MART CO. LTD……………………..………...2 ND RESPONDENT

AFFIDAVIT

I, XXXXX YYYYY, adult, Christian, Resident of Dar es Salaam, DO HEREBY

solemnly SWEAR and states as follows;

1. That I am the Applicant herein hence conversant with the facts and
matters deposed hereunder.

2. That on 15th April, 2011 by a letter with Ref No.

NICBT/HO/EN/076/2011 the 1 Respondent herein extended a total
st

credit facility of TZS. 600 Million to the Company known as UM OJA

STORE AND CO. LTD comprising of Overdraft of Tzs. 200 Million, Term
Loan of Tzs. 335.2 Million and Asset Finance of Tzs. 64.8 Million. (A copy
of the letter is annexed here to and marked as “AEP 1” of which Leave of
this count is craved to refer to it as part of this affidavit thereof)

3. That the Applicant herein acted as one of the guarantors to the above
mentioned credit facility by signing Personal Guarantee and Indemnity
agreement on 10th May, 2011 using her Plot No. 409/1 and 409/2,
Block “A” at Kunduchi Mtongani Area, Kindondoni, Dar es Salaam as
security. (A copy of the agreement is annexed here to and marked as “AEP
2” of which Leave of this count is craved to refer to it as part of this
affidavit thereof)

4. That the Applicant created a mortgage on 10th May, 2011 over the above
named property, CT. No. 54659, Plot No.500 and 600, Block A, Kunduchi
Mtongani which is a residential premise, as security for the performance
 of the Borrower’s obligations to the Lender. (A copy of the mortgage is
annexed here to and marked as “AEP 3” of which Leave of this count is
craved to refer to it as part of this affidavit thereof)

5. That the overdraft facility of TZS. 200 Million was to be payable on

demand/ upon expiry up to 30 th April, 2012 and interest to be paid
monthly. Term loan facility of TZS. 335.2 Million was to be payable in 39
equated monthly installments including three months moratorium period
and Asset Finance Loan facility of TZS. 64.8 Million was payable in 36
equated monthly installments.

6. That the Guarantors, the Applicant being one of them, entered into an
agreement with the Borrower M/S. UMOJA STORE & COMPANY
LIMITED in favour of the Lender NIC BANK LIMITED for the Borrower to
pay to the Lender the said loan by installments of TZS. 18,392,658.67
per month from 25 th November 2013 up to 25th October, 2017. (A
copy of the deed of undertaking is annexed here to and marked as “AEP
4” of which Leave of this count is craved to refer to it as part of this
affidavit thereof)

7. That it was further agreed that, after having paid the installments up to
the 25th October, 2017, the bank will advise the parties on the remaining
balance and mode of repayment.

8. That while the due date of 25th October, 2017 has not yet reached, the 1st
Respondent/ the bank by using the services of the 2nd Respondent
issued a notice of selling the Applicant’s property Plot No. 500 and 600,
Block “A” at Kunduchi Mtongani Area, Kindondoni, Dar e s Salaam by
Public Auction (16/01/2016) through Daily News paper of Wednesday,
December 30, 2015 at page 20. (A copy of the news paper advert is
annexed here to and marked as “AEP 5” of which Leave of this count is
craved to refer to it as part of this affidavit thereof)

9. That given the circumstances there is a serious matter to be tried as the

1st Respondent has turned hostile against the agreement and the
Applicant has great chances of successes in the main suit instituted
before this Honourable Court on the same.

10. That the Plot in dispute is the only property the Applicant and her
family depends on for a living and their life will be at stake if the Court
will not interfere and restrain the Respondents and its agents from
 selling the same pending determination of her rights as the Applicant will
suffer an irreparable loss.

11. That given the Applicant’s dependence to the said property, the
Applicant is likely to suffer more if the orders sought will not be granted
than what will be suffered by the Respondents if the orders are granted.

12. That given the circumstances, it will be in the interest of justice if

the orders sought for in chamber summons are granted.

Dated at Dar es Salaam this…………….day of …………………….. 2016

..........................
DEPONENT
VERIFICATION
I, XXXX YYYYYY, being the Applicant do HEREBY state that what is
contained in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 herein above are
true of my own knowledge and belief.

Verified at Dar es Salaam this …..….. day of ……………………………. 2016

..........................
DEPONENT
SWORN at Dar es Salaam by the said
XXXXXX YYYYYYYYYYY who is
identified to me by KAJANJA M JANJA, …………….
Advocate the later is known to me personally DEPONENT
in my presence this….day of………….2016

BEFORE ME:

Name:………………………………………

Postal Address:……………………………..

…………………………………….
Qualification: COMMISSIONER FOR OATHS
Presented for filing this ......…...... day of …………………….. 2016

REGISTRY OFFICER

COPY TO BE SERVED UPON:

WAJASI BANK TANZANIA LIMITED,
SAMORA AVENUE,
P. O. BOX 001
DAR ES SALAAM

CBSL AUCTION MART CO. LTD,

P. O. BOX 0022
DAR ES SALAAM

DRAWN & FILED BY:

UDOM LLB 4
CONFUCIUS, 3RD FLOOR,
UDOM CLASSES STREETS,
P.O. BOX 1223
DODOMA
 UDOM LLB 4
CONFUCIUS, 3RD FLOOR,
UDOM CLASSES STREETS,
P.O. BOX 1223
DODOMA
23/06/2020

REF: UDOM /LLB/DEMAND/06/005

XXXXX YYYYYYY
P.O. BOX 10000
DODOMA

Dear Sir/ Madam,

RE: COMPENSATION OF TSHS 250,000,000/= FOR BODILY

INJURIES SUSTAINED BY MMBEYA HURU

We are the advocates for the above named client who has instructed us to
address you as follows:

That on the 5th September 2019 our client was involved in a car accident with
registration number T 270 TTT .Bedford truck the property of your company, in
which she was hospitalized at General Hospital in Dodoma where the accident
occurred. She was unconscious on the admission to the hospital and remains
in Intensive Care Unit for a period of 4 days. Further she underwent surgery
operation.

She has left with past closed comminuted fracture left humerus, sprain (Rt)
ankle, elbow hanging, multiple abrasions-scalp, trunk and back, concussion
headache which is controlled with drugs and the risk seems to be still high.
Medical report indicates that our client has suffered 100% Total temporary
incapacity for 60 days, 50% partial incapacity for 120 days, and 35%
permanent partial incapacity. A copy of medical report is here in attached.

WHEREFORE, we hereby demand payment of Tshs 250,000,000/= (Two

Hundred and fifty Million Shilling Only) for the damage suffered as a result of
the accident.
 2

TAKE NOTICE that upon your failure to make good within 14 days from the
date of the demand, our instructions are to proceed with legal actions against
your Company. Be warned that the consequences of Legal action shall not be
favourable to your Company and you will be required to pay costs of the suit.

Yours Faithfully,

UDOM LLB 4
Advocates

CC: Client