Winning Strategies Unveiled: How to Create a Convincing Written Statement of Defence in Tanzania!”

What is written statement of defence (WSD)

Its legal document which used to answer civil allegations from the plaint, this normally comes after defendant receive a copy of plaint and he or she  answer it by using this form. 

In Tanzania  answering plaint by WSD done in twenty-one (21) days after defendant receive a summons with plant.

The following are the template or sample of written statement of defence applied in Tanzania legal system.

IN THE DISTRICT MAGISTRATE’S COURT OF ………………..

AT ……………………

CIVIL CASE No. …. OF ………

…………………………………..………. PLAINTIFF.

VERSUS

………………………………………. DEFENDANT.

WRITTEN STATEMENT OF DEFENCE

The 1st Defendant above named states as hereunder: –

1. That the contents of paragraph 1 of the Plaint are noted since its real names of plaintiff.

2. That the contents of paragraph 2 of the Plaint are admitted, as we signed a contract.

3. ……………………………………………………………..

4……………………………………………………………….

WHEREFORE the 1st Defendant prays that this Honorable Court dismisses the Plaintiff’s suit in its entirety with costs.

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

……….…………

 DEFENDANT

VERIFICATION

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

………………. ………………………….

DEFENDANT and Advocate for plaintiff (if any)

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

……………………….

REGISTRY OFFICER

COPY TO BE SERVED UPON:

THE PLAINTIFF

DRAWN FILED BY:

SHERIA ZETU,COM

P/O/BOX 2525

DAR ES SALAAM.

Here is sample of written statement of defence with preliminary objection PO

IN THE HIGH COURT OF TANZANIADAR ES SALAAM DISTRICT REGISTRYAT ……………………CIVIL CASE No. …..OF ………XXX………………………………..………. PLAINTIFF

VERSUS

YYY………………………………………..DEFENDANTWRITTEN STATEMENT OF DEFENCE

NOTICE OF PRELIMINARY OBJECTIONThe Defendant herein above states as follows: –

On the first day of hearing the Defendant herein will raise the following preliminary objections.(a) That the Plaint does not disclose any cause of action.

(b) ……………………………………………………(C)………………………………………………………

IN THE ALTERNATIVE BUT WITHOUT PREJUDICE to what is stated hereinabove,the Defendants state as hereunder

.1. That the contents of paragraph 1 of the Plaint are noted since its real names of plaintiff

.2. That the contents of paragraph 2 of the Plaint are admitted, as we signed a contract

.3. ……………………………………………………………..

4……………………………………………………………….

WHEREFORE the Defendant pray as follows:

a) That the suit be dismissed with costs.

Dated at ………………… this day of ……………..,

………………………….…………

DEFENDANT

VERIFICATION

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

………………. ………………………….

DEFENDANT Advocate for plaintiff (if any)

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

……………………………………….

REGISTRY OFFICER

COPY TO BE SERVED UPON:

THE PLAINTIFF

DRAWN FILED BY:

SHERIA ZETU,COMP

/O/BOX 2525

DAR ES SALAAM.

What are contents of written statement of defence?

  • Name of the court
  • Name of the parties
  • Title of document
  • Paragraphs for agree or denial of plaint.
  • Prayers
  • Date of writing WSD and signature of defendant
  • Verification clause
  • Date of filling WSD
  • Signature of registry office
  • Copy to plaintiff
  • Drawn by clause

NB: you will use the word noted when you agree the specific paragraph from the plaint and you must say what you have noted, as well as when you  denying specific paragraph you must say what are you denying. 

Also, when answering plaint don’t combine two paragraphs of plaint with single answer from WSD. Answer each paragraph separately. Hope you have got summons welcome and such for other legal matters in Tanzania.