PLAINT (Sample)

IN THE HIGH COURT OF TANZANIA

DISTRICT REGISTRY

AT DAR ES SALAAM

CIVIL CASE No……….OF 20……….

………………… (As the Administrator of the Estate of ……..) ………………………..PLAINTIFF

VERSUS

……………………….. …………………………….……………... 1^st DEFENDANT

……………………………………………………….. ...…...….. 2^nd DEFENDANT

………………………………………….. ……………….….….. 3^rd DEFENDANT

PLAINT

The above named plaintiff states that;

1.       The Plaintiff is an individual, an administrator of the estate of …………………………., deceased, and his address of service for the purpose of this suit is;

………………………………………….

Plot No. …………………………….

P. O. Box …………………………..

…………………………………………

2.       The 1^st Defendant is/was a driver of the motor vehicle with Registration No. ………………., at the time of the accident stated hereunder, which is owned by the 2^nd Defendant, and his address of service for the purpose of this suit is in the care of:

………………………………………….

P.O. Box …………………………..

………………………………………..

3.       The 2^nd Defendant is a limited liability Company established under the Companies Act, 2002, and its address of service for the purpose of this suit is in the care of:

……………………………………………………………..

P.O. Box ……………………………………………..

……………………………………………………………

4.       The 3^rd Defendant is an Insurance Company alleged by the 2^nd Defendant to have insured the motor vehicle in dispute at the time of the accident and its address of service is in the care of;

……………………………………………………

…………………………………………………

5.       On the …………………, 20………… at about ……………hours at ………………….. Road, a motor vehicle with Registration No. ……………………., while being driven by the 1^st Defendant in a reckless manner knocked down one ………………………….. and caused grievous bodily harm which led to his death, as per Annexure ……………., collectively.

6.       On the ………………., 20………, the 1^st Defendant was found guilty as charged by the …………………. Court, in Traffic Case No. …………..of 20……, as per Annexure ………….., collectively.

7.       The initial records indicated that, the above motor vehicle was insured by the 3^rd Defendant., as per Annexure …………., collectively.

8.       The Plaintiff raised a demand letter for the payment of Tshs. …………………. as liquidated general damages to the Plaintiff by the above defendants, attached herewith as Annexure ………………………..

9.       The 2^nd Defendant has categorically denied compensating the Plaintiff alleging that, his motor vehicle was insured by the 3^rd Defendant, as per Annexure …………………. of this Plaint.

10.   The 3^rd Defendant is denying any liability alleging that, the Insurance Cover Note is fake as per Annexure ………………. of this Plaint.

11.   The above act of the 1^st Defendant has caused great loss and general damages to the heirs of the deceased, the Widow ………………………, and …………. children of the deceased, ……………., who is now …………..years old and ………………who is now …………… years of age, whose affairs are being handled by the Plaintiff, as the administrator dully appointed under the law as per Annexure ………………… of this plaint.

Particulars of general damages;

a.       The heirs of the estate and the family of the deceased endured and are still enduring great pain and grief for the loss of their relative.

b.      The deceased was a sole bread earner to the heirs as such they have lost a bread earner.

12.   The 2^nd Defendant is vicariously liable for the reckless act of the 1^st Defendant.

13.   The 3^rd Defendant is a necessary party in this proceeding as might be liable if it will be found out that, the motor vehicle at issue was insured by them.

14.   In 20……. the Plaintiff instituted a civil suit against the Plaintiffs herein at ……………. Court, Civil Case No. ……….. of 20…………., but the said Court declined jurisdiction as per Annexure …………… of this Plaint, which was supplied to me on the ………….., 20…………, hence the filing of this suit at this honourable court.

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

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

a. Payment of liquidated damages of Tshs. ……………………..

b. Interest at court rate of 12% per annum from the date the cause of action arose to the date of judgment in (a).

c. Interest at commercial rate of 21% of item (b) above from the date of judgment to the date of payment.

d. Costs of this suit.

e. Any further orders and relief(s) as the courts may deem fit and just to grant

Dated at ………………… this……………… day of June, 20………………..

____________________

PLAINTIFF

_____________________

PLAINTIFF’S ADVOCATE

V E R I F I C A T I O N

What is stated in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 above is true to the best of my own knowledge. 

Dated at ……………., this…………… day of ………., 20………….

___________________

PLAINTIFF

Presented for filing this ………………… day of ……….., 20…………

        ……………………

           Registry Officer

Copy to be served upon;

……………………………………..

P.O. Box ……………………..

……………………………………

……………………………………….

P.O. Box ………………………..

………………………………………

………………………………………

……………………………………...

………………………………………

Drawn & filed;

……………………………………

Plot No. ……………………..

P. O. Box …………………..

………………………………….