ARCHBISHOP MIHAYO UNIVERSITY COLLEGE OF TABORAA CONSTITUENT COLLEGE OF ST AUGUSTINE UNIVERSITY OF TANZANIA ( SAUT)

FACULTY : BACHELOR OF LAW (LLB)

COURSE NAME : LEGAL DRAFTING AND WRITTING

COURSE CODE : SLW 224

INSTRUCTOR : MR. MWITA, M.

ASSIGNMENT TYPE : INDIVIDUAL ASSIGNMENT

SUBMISSION DATE : 08TH MAY 2015

NAME. REGISTRATION No. SIGNATURE.

MNANGO ABUBAKAR A. AM/LLB/13174

QUESTION:

Mr. Madeni Mengi has a dispute with Mr. Mahela Mfukoni. The dispute arose in Tabora

Region and bases of the dispute is damages arrised from the breach of contract. The fact is

that Mr. Madeni Mengi and Mr. Mahela Mfukoni concluded a contract on 15th /04/ 2015.

The contract was on delivery of Irish potatoes. Mr. Mahela Mfukoni agreed to be delivery 20

tones of Irish potatoes daily from Mr. Madeni Mengi for duration of 3 months on a price of

eighty million shillings (80,000,000/=) which Mr. Madeni Mengi paid. But after one month

Mr. Mahela Mfukoni failed to deliver the said consignment for three weeks continuously

without any notice. The failure for non delivery lead to Mr. Madeni Mengi to obtain losses

amounting two hundred million shillings (200,000,000/= )

a) Draft a plaint on behalf of Mr. Madeni Mengi.

b) Draft ad Written Statement of Defence on behalf of Mahela Mfukoni.

IN THE HIGH COURT OF TANZANIA

(AT TABORA REGISTRY)

CIVIL CASE No…OF 2014

MR. MADENI MENGI …………………………….......................................... PLAINTIFF

VERSUS

MR. MAHELA MFUKONI …………………………....................................... DEFENDANT

PLAINT

(Plaint for compensation under Order 7 of Civil Procedure Code chapter 33 R.E 2002)

The plaintiff respectfully states as follows;

1. The plaintiff resides at Tabora Municipal.

Plot No. 34,

Kanyenye Street,

P. O. Box 5060,

Tabora.

2. The defendant also resides at Tabora Municipal.

Plot No. 102,

Skonge Road,

P. O. Box 341,

Tabora.

3. Mr. Madeni Mengi and Mr. Mahela Mfukoni concluded a contract on 12th December

2014.

4. The contract was on the delivery of Irish potatoes.

5. Mr. Mahela Mfukoni agrees to be delivering 20 tons of Irish potatoes daily for Mr.

Madeni Mengi for duration of 3 month on a price of 80 Million. Tshs. which Mr.

Madeni Mengi paid.

6. After 1 month Mr. Mahela Mfukoni failed to deliver the said consignment for three

weeks continuously without any notice.

7. The failure to deliver led to Mr. Madeni Mengi to obtain losses amounting 200

Million. Tshs.

8. The cause of action and the orders sought are within the jurisdiction of this honourable

court.

9. WHEREOFORE, the plaintiff prays for judgment and decree against the defendant

as follows;

I. The court be pleased to order the defendant to perform his part of the contract

by delivering the said tons of potatoes.

II. The defendant be ordered to pay sum of Tshs. 200 million for the loss occurred

by the plaintiff due to the defendants breach of contract.

III. The defendant be ordered to pay cost of this litigation.

Dated at Tabora, this 01st day of January 2015

…………………………………………..

PLAINTIFF

…………………………………………..

PLAINTIFF’S ADVOCATE

VERIFICATION

I, Mr. Madeni Mengi, do hereby verify that the contents from paras 1 to 9 are correct and true

to the best of my knowledge.

Dated at Tabora, this 01st day of January 2015

……………………………………...

PLAINTIFF

Presented for filing this 02nd day of January 2015

……………………………………...

REGISTRY OFFICER

Copy to be served upon;

The Defendant,

Mr. Mahela Mfukoni,

Plot No. 34,

Kanyenye Street,

P.O. Box 341,

Tabora

Drawn and filed by;

MNANGO LAW CHAMBERS AND ADVOCATES,

POSTA STREET,

PLOT NO. 2,

P.O. BOX 210,

TABORA.