IN THE DISTRICT COURT OF NYAMAGANA DISTRICT

AT MWANZA

CIVIL CASE NO 41 OF 2022

BETWEEN

.........................................................................................................................PLAINTIFF

VERSUS

.................... GROUP (T) LTD........................................................................DEFENDANT

WRITTEN STATEMENT OF DEFENCE

The Defendant named herein above, in reply to the Plaintiff’s Plaint filed in this Hon. Court,
state as hereunder:

NOTICE OF PRELIMINARY OBJECTIONS

TAKE NOTICE that, at the first day fixed for hearing of the Plaintiff suit the Defendant’s
Advocate will raise preliminarily objections on the point of law to the effect that:-

i. The Plaintiff’s suit is misconceived for being filed under Order XXXV of the Civil
Procedure Code, Cap 33 [R.E 2002]

ii. The Plaintiff’s plaint is filed under non-existing law

IN THE ALTERNATIVE but without prejudice to the foregoing preliminary objections the
Defendant avers and state as follows:-

1. That the contents of paragraphs 1 and 2 of the Plaint are noted for being formal and it
does not deserve a reply; save for the Defendant address for the purpose of this suit which
shall be in the care of:-
........................................................................................
2nd FLOOR, CCM BUILDING-NYAMAGANA DISTRICT,
P.O.BOX 34,
Cell:-07...............................
Email:[email protected]
MWANZA.
2. That the content of paragraph 3 of the plaint is vehemently disputed the defendant avers
further that the plaintiff had no such contract with the defendant which entitle him to

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 claim Tsh 37,580,000/= from the breach of contract and the said contract only known to
the Plaintiff himself. Therefore, the Plaintiff shall be put to strict proof thereof.

3. In relation to the above paragraph the defendant avers that plaintiff claims are based on
speculation which he does not have genuine reasons, and the amount claimed by the
Plaintiff in his plaint appears as a fixture targeting for earning from the concocted law
suit.

4. That the contents of paragraphs 4 and 5 of the Plaint are noted to the extent that the
Plaintiff has a hotel, and the defendant has already issued a notice to terminate the
contract with the Plaintiff following the failure of the Plaintiff to pay for the security
services rendered and caused the loss to the tune of Tsh. 1,510,000/= (One million Five
Hundred and Ten Thousand). A copy of the contact to provide security services and
notice to terminate the Security service are hereby annexed and collectively marked as
annexure BW-1 the leave of this court is craved for it to form part this Written Statement
of Defence.

5. That the contents of paragraphs 6, 7, 8 and 9 of the plaint is denied in its entirety and the
defendant avers that he had never enter into contract or acknowledge that he was owed,
the Plaintiff shall be put into strict proof thereof.

6. The defendant avers further that sometimes in 9 th November, 2018, the plaintiff informed
the defendant about the theft incident which occurred in the hotel where the defendant
offers his security, whereby the Plaintiff together with the Defendant joined force in order
to trace the where about of the suspects.

7. That the contents of paragraph 10 of the plaint are strongly rejected for being repetitive of
para.3 of the Plaint; and as such are baseless and as such the Plaintiff shall be put to strict
proof thereof. The defendant states further that he had no contract to breach with the
Plaintiff.

8. The contents of paragraph 10 of the plaint are denied for being unfounded and the
plaintiff is put to strict proof hereof.

WHEREFORE the Defendant prays that the suit be dismissed with costs.

COUNTER-CLAIM

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Without prejudice to the foregoing, the defendant states, by way of Counter- Claim, A
Claim of 5,500,000/= being specific and general damages suffered by Defendant as a result
of Plaintiff’s breach of contract as follows:-

PARTICULARS OF THE BREACH OF CONTRACT

9. That the plaintiff without colourful right dishonoured and/or deceptively while is aware
of the terms of the contract by failing to pay the Defendant the amount of money as
agreed in the contract for rendering of security service at the Plaintiff’s hotel which
amount to fundamental breach of the said contracts, in the following regards:

a. In the course of performing the contract entered between the plaintiff and
defendant as stated herein above, there occurred serious delays in paying the
agreed amount within the prescribed time limit in the relevant agreement.

b. Despite numerous verbal reminders the plaintiff failed to honour the terms the
contract knowing that the defendant depends on the income to run the day to
day activities of the company.

PARTICULARS OF LOSS
10. Consequent to the foregoing fundamental breaches of the contract the defendant suffered
financial loss as well as its reputation as a security company with good standing, was
tarnished in the following respects:

a. The delays in paying the monthly agreed amount of money caused a financial
loss to the defendant, as it had to borrow money from other financial source in
order to cover for the cost of running the company.

b. The money that was borrowed by the defendant had an interest and every day
the interest is accruing because the Plaintiff fails to pay the money on time.

WHEREFORE the Defendant prays for judgment and decree in respect of the Counter-
Claim herein above as follows:

(i) Specific damages in the following regards;

(a). Tsh 1,510,000/= as per paragraph 4 herein above.

(ii) General damages as this Hon. Court may deem just and equitable to grant;
(iii) Punitive damages as this Hon. Court deems just and equitable to grant;
(iv) Interest on the sums specified in (i) herein above at the commercial rate of 20%
per annum;

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 (v) An order for payment of decretal sum at 7% from the date of judgment to the date
of final payment.
(vi) Costs of this suit be provided for; and
(vii) Any other order(s) and/or relief(s) this Hon. Court may deem just and equitable to
grant.

DATED at Mwanza this.................day of ....................2019

____________________
Mr. F..........H. P,
Principal Officer of the Defendant
Company able to depose the facts of
this matter

VERIFICATION I, ......................................., being the Principal Officer of the Defendant do hereby

verify that all what is stated in paragraphs 1, 2, 3, 4,5,6,7, 9 (a), (b) and 10 (a), (b) herein above are true to
the best of my knowledge.

Verified and Signed at Mwanza this................day of...........................2019

____________________
Mr. Farahani H. P
Principal Officer of the Defendant Company
able to depose to facts of this matter

Presented for filing this…… day of ……………………………… 2019.

__________________
REGISTRY OFFICER

Drawn and filed by:-

.......................................................(Esq)
2nd FLOOR, CCM BUILDING-NYAMAGANA DISTRICT,
P.O.BOX 3164,
Cell:-0757958667/0763507726.
Email:[email protected]
MWANZA

To be served upon:-

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Plaintiff,
.....................................
Mob.0767-....................,
Mwanza.