Tanzanian Plaint Drafting Made Easy: Sample and Guide Inside!

What is plaint?A plaint is legal document which used to initiate a legal proceeding in court of law, as per section 22 of the civil procedure code provides “Every suit shall be instituted by the presentation of a plaint or in such other manner as any be prescribed.” 

Here is sample of plaint in Tanzania, this is how plaint is drafted.

IN THE DISTRICT COURT OF ……………….AT ……………………CIVILCASE NO. ————– OF ———————-

XXX………………………PLAINTIFF

VERSUS

1.————— 1ST DEFENDANT

2. —………—— 2ND DEFENDANT

PLAINT

The Plaintiff above named states as follows:

1. That the Plaintiff is a natural person who lives and works for gain in …………….and his address of service for purposes of this suit is:…………………………

2. That both the 1st and 2nd defendants are natural persons who live in …………….and for the purpose of this suit the plaintiff will point their addresses to the process server.

3. That the Plaintiff’s claim against the Defendants is for…………………………………………..

4. That the cause of action arose in ………………. and for the purpose of jurisdiction and court fees the amount demanded is not more than ————– thus this Honorable Court has jurisdiction to entertain and determine the matter.

WHEREFORE, the Plaintiff prays for judgment and decree against the Defendants jointly or severally as follows:

(a) An order for the Defendants, jointly or severally ——————-

(b) Interest on the Principal amount at the rate of ———per annum.

(c) Costs of this suit.

(d) Any other relief this Honorable Court may deem just and equitable to grant.

Dated at …………….. this —— day of ……………., 

—————————

PLAINTIFF

VERIFICATION 

All what is stated herein above is from paragraph 1,2,3 and 4 are  true to the best of my knowledge.

————————-

PLAINTIFF

Presented for filing this ——— day of ……

……………………….

REGISTRY OFFICER

COPY TO BE SERVED UPON:

1. 1ST DEFENDANT.

2. 2ND DEFENDANT.

DRAWN GRATIS BY:

SHERIA ZETU ADVOCATES CO.

P.O. BOX 2525

DAR ES SALAAM.

What are content of plaint?According to order VII rule 1 of the civil procedure code cap 33 RE. 2019 The plaint shall contain the following particulars-

(a) the name of the court in which the suit is brought;

(b) the name, description and place of residence of the plaintiff;

(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and

(i) a statement of the value of the subject matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits.

What plaint describes?

Plaint explain only about the facts and not evidences.