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ARCHBISHOP MIHAYO UNIVERSITY COLLEGE OF TABORA

A 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.

MNANGO ABUBAKAR A.

AM/LLB/13174

SIGNATURE.

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 NoOF 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
II.
III.

by delivering the said tons of potatoes.


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

Dated at Tabora, this 01st day of January 2015

..
PLAINTIFF

..
PLAINTIFFS 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.