THE UNITED REPUBLIC OF TANZANIA

JUDICIARY
IN THE HIGH COURT OF MBEYA
(COMMERCIAL DIVISION)
AT MBEYA
CIVIL APPLICATION NO. 25 OF 2022

BETWEEN
MR. SMILE BIRD………………………………………………………... APPLICANT
VERSUS
MR.ANGRY BIRD …………………. ………………………...RESPONDENT
AFFIDAVIT
(In support of the Chamber Summons made under Section 44(1) of the Civil Procedure
Code, Cap 33 [R.E 2019])
I, Smile Bird Adult, Moslem/Christian and resident of Mama john, Mbeya do hereby
solemnly AFFIRM/SWORN and STATE as follows:
1. That, I am the applicant herein thus conversant with the facts I am about to
depose
2. That, on the 6th day of February, 2012, I entered into a contract with the respondent.
3. That, upon entering into a contract, we agreed upon a number of terms to which the
respondent has breached the said terms.
4. That, upon such breach I instituted a civil suit against the respondent claiming for
compensation for the loss I incurred
5. That, upon the Court’s decision, the court awarded cost in my favour and ordered the
respondent to pay a total sum of USD 245, 858. 38 (say United States Dollars Two
Hundred Forty-Five Thousand Eight Hundred Fifty-Eight and Thirty-eight cents only).
6. That upon being served with the notice of application for execution, the respondent
failed to execute.
7. That, the Court ordered the defendant to pay plaintiff interest of 12% from October 2012
to the day of judgment.
8. That, the court ordered the defendant to pay 7% per annum interest on the decretal sum
from the date of this judgement to the date of satisfaction of the decree in full
9. That, the court ordered the defendant to pay cost of the suit.
10. That on the premises I pray that the prayers as set forth in the Chamber
Summons to be granted by this Honoraable Court
Dated at Mbeya this 11 day of April 2022.
 Mr.SMILE BIRD
Applicant
VERIFICATION
I FARAJ KHASIM the applicant herein DO HEREBY Verify that all That is stated in paragraph
1,2,3,4,5,6,7,8,9 and 10 is true to the best of my knowledge.

SOLEMNLY AFFIRMED at Mbeya

By the said MR. SMILE BIRD who is identified to me
By JOHN KILAKI The later being personally known to me
Dated at Mbeya This 12 day of April 2022.

BEFORE ME:
NAME……………………………
SIGNATURE………………
Postal Adress.......................
COMMISSIONER FOR OATHS

Presented for filing this 12nd Day of April, 2022.

…………………………
REGISTRY OFFICER.

COPY TO BE SERVED UPON:

MR.ANGRY BIRD,
P.O.BOX 555,
SONGWE.
Respondent

Drawn and Filed by:

LLB 3 LEGAL FIRM
P.O. BOX 6433,
MBEYA.
TEL: +255742973360.