IN THE HIGH COURT OF TANZANIA (TABORA REGISTRY)AT TABORACIVIL CASE NO..OF 2014MR. MADENI MENGI.PLAINTIFFVERSUSMR. MAHELA MFUKONI...DEFENDANTWRITTEN STATEMENT OF DEFENCE(Under Order VIII of Civil Procedure Code, Cap 33 RE 2002)The plaintiff above states as follows;1. That the content under paragraph 1 and 2 of the plaint are noted. The address is clear2. That the content under paragraph 3 of the plaint is admitted. There was an agreement between the plaintiff and the defendant signed on 12th day of December 2014.3. That the content under paragraphs 4 and 5 of the plaint are admitted. The agreement was of the delivery of 20 tons of the said Irish potatoes.4. That the content under paragraph 6 of the plaint is denied as the defendant provided a notice for the delay of the delivery due to scarcity of the potatoes.5. That the content under paragraph 7 of the plaint is noted. The loss is clear but not evaluated.6. That the content under paragraph 8 of the plaint is noted. That the court has the jurisdiction to entertain this suit.7. WHEREFORE, the defendant prays to this honorable court for judgment and decree against the plaintiff as follows;I. The suit to be dismissed.II. The suit is to be held out of the court first for negotiation.III. The costs of this suit are to be shared by both parties.IV. Any other relief if the court may deem it fit.

Dated at Tabora this 10th day of January 2015

..DEFENDANT

VERIFICATIONI, Awadh Abubakar, do hereby verify that the contents from paras 1 to 7 are correct and true to the best of my knowledge.

..DEFENDANTS ADVOCATE

Presented for filling this 15th day of January, 2015

REGISTRY OFFICER

Copy to be served upon;MNANGO LAW CHAMBERS AND ADVOCATES,POSTA STREET,PLOT NO. 2,P.O. BOX 210,TABORA.

Drawn and filed by;JAKALANDA LAW CHAMBERS AND ADVOCATES,BACHU PLAZA 4TH FLOOR,PLOT NO, 34P.O. BOX 90,TABORA.