Sample of Plaint


NO.1


In the High Court of Tanzania
[Commercial Division]
 At………………

Commercial Case Number ……………….. of 20…

XXX Company Limited ……………..……………………………. Plaintiff

Versus

YYY Company Limited ……………………….…………….  Defendant


Plaint


The Plaintiff above-mentioned states as follows:



1.       That the Plaintiff is a body corporate registered in Tanzania under the provisions of the Companies Act, Cap 212 R. E. 2002; running the business of a ginning; and its Board of Directors has duly sanctioned institution of this matter. Its address for the purpose of this suit shall be in the care of:

AAA Attorneys
NNN Building, 4thFloor
P. O. Box………………
Dar Es Salaam

2.       That the defendant is an insurance company registered and carrying on the business of insurance in the United Republic of Tanzania. Its address is at:
                 
CCC
MMM Building, 8th Floor
P. O. Box……………
Dar es Salaam

3.       That the Plaintiff sues the Defendant for a declaration that the Plaintiff suffered loss from the insured risks by the Defendant for which indemnification in favor of the Plaintiff was due; payment of specific damage in the tune of Tshs……………………………………..00 or as shall be assessed as compensation and/or damage following the occurrence of fire and windstorm that destroyed the Plaintiff’s godowns full of cotton lint and seeds insured by the Defendant, payment of general damages at a rate to be assessed by the Court; payment of interests accruing thereof and costs of this suit.

4.       That the Plaintiff has been a client of the Defendant in insurance coverage of various risks of the Plaintiff’s properties.

5.       That by a Cover Note Deeds/Policies No……………………………………. issued by the agent/broker of the Defendant, viz …………………………………………… Insurance Agency/Broker (hereinafter the Agent/Broker), in favor of the Plaintiff on ……………………………………….., and in consideration of premiums paid and to be paid by the Plaintiff to the Defendant, the Defendant insured the plaintiff against loss or damage by fire as follows:

a.       Cotton in godown valued at Tshs……………………………..00
b.      Cotton Seeds valued at Tshs……………………………………..00


6.       That the said coverage extended for one calendar year commencing on the day of its execution i.e. ………………………………………20… and was meant to come to an end on the ……………………………………………….20...

7.       It was another term of the said contract between the Plaintiff and the Defendant that the premium payable for the said coverage was Tshs…………………………………….00, which was paid in full.

Copy of the Cover Notes/Policies and premium receipts thereof are hereby attached and collectively marked as “Annexure XXX – 1” forming part of this Plaint with Court’s leave

8.       That on 28thApril 2009 during the life span of the insurance policy under reference, the devastating fire erupted as a result of electrical fault and completely burnt the Plaintiff’………………. kilograms of cotton that were stored in the godown.

9.       Further, on 6th May 2009, the locality of III Municipality in which the Plaintiff had godowns was badly hit by thunderstorm associated with heavy down droughts whereby heavy winds damaged the Plaintiff’s premises leaving the ginnery unroofed and its hedge wall fallen down.

Attached and collectively marked as AnnexureXXX 2’ are copies of fire and meteorological reports from the said region. Court’s leave is sought to make them part of this plaint.

10.    The Plaintiff immediately upon the occurrence of the two incidences stated in paragraphs 8 and 9 hereinabove, reported the accident to the Defendant as required by the fire and allied perils insurance policy.

11.    To the Plaintiff’s dismay, the Defendant unilaterally canceled the policy forthwith after the intimation of incidences herein and repudiated the claims thereof despite the fact that the Plaintiff was not at any fault under the policy terms howsoever. On strong protest, the Defendant very reluctantly reconsidered his stand and decided to cavalierly deal with the claims.

12.    In view of the foregoing position, based on his sole decision and approval, the Defendant commissioned……………………………..to assess the damaged properties and adjust the loss accordingly. Both agents after liaison with the Plaintiff did not arrive at a conclusion regarding the extent of loss and liability and promised to complete the exercise later on.

13.    Upon visiting and leaving the locus in quo the Plaintiff waited to be advised of the development from the Defendant’s end to no avail. After such a long wait, -almost………………months, the Plaintiff’s Managing Director, later on, decided to visit the Defendant’s offices in…………….. only to be told that the two claims were not payable.

14.    Whereas the Defendant said that the reason for repudiating the windstorm claim was for the loss having had fallen “within deductible under the policy”, the fire claim was not payable because, according to the insurer, liability did not attach due to the loss being occasioned by an excluded peril – “Spontaneous Combustion”; on one hand, and lack of “proximate cause of loss”, on the other. The Defendant concluded by advising that their claim files had accordingly been marked as “No Claim”.

15.    Once again, the Plaintiff strenuously disputed the Defendant’s grounds of repudiating the claims. He categorically asserted that prime reasons backing up the Defendant’s position were contrary to the authentic III Municipal Fire Department Meteorological Agency reports which had named the causes of losses to be a fire resulting from electric fault (not spontaneous combustion) and windstorm damage respectively.

16.    Further, the Plaintiff reiterated to the Defendant that the adjustors in the course of conducting the envisaged instructions did not unequivocally establish the loss arising from windstorm damage and/or did not vindicate to the Plaintiff conclusive figures and/or extent of the adjusted loss. Therefore, the Plaintiff had not executed the Loss Acceptance Form/Discharge of Liability Form/or Voucher; but simply learn belatedly that the loss fell below the deductible to justify the ground of repudiation.

17.    That to the surprise of the Plaintiff, the Defendant has refused to appoint another independent loss adjuster to re-asses and readjust the claims; instead declined from honoring the claims in terms of the policy arguing that in his understanding, the two claims totaling Tshs…………………………………….were simply not payable.

18.    That the Plaintiff has and is resisting all the allegations made by the Defendant on the non-attachment of policy liability, loss falling within policy excess (deductible) and causes of the losses as untrue, deceptive and calculated strategically to lower the Defendant’s degree of exposure in terms of correct, fitting and adequate compensation to the Plaintiff at the sole detriment of the latter contrary to the contract entered between them. He hence claims from the Defendant the total figures stated in the foregoing paragraph.
Copies of the letters by the Plaintiff to the Defendant are appended herein and marked collectively as Annexure “XXX 3” forming part of this Plaint.

19.    In addition to the averments in the preceding paragraph, the Plaintiff states further that in line with the calculations done according to the submitted estimates by the Plaintiff to the assessor/adjustor/appointee of the Defendant i.e…………………………Ltd and the Bureau of Industrial Cooperation (BICO), the real indemnity sum that should be awarded to the Plaintiff about Tshs. …………………..………………..

20.    Further, if the Defendant had settled the claims expeditiously, the Plaintiff would have not suffered the loss of profit accruable from subsequent reinvestment of indemnity amounts from the date of claim settlement to the present. The Plaintiff thus claims such amount as to be assessed by the Honorable Court. 

21.    That, efforts by the Plaintiff to have the Defendant pay the claims in terms of the agreed policy and/or resolving this matter amicably have always been frustrated by the latter who has remained stubborn and disinterested in such efforts.

22.    That the cause of action which is the fire accident occurred in …………………………..the amount of compensation being sought is over and above Tshs. 100,000,000.00 hence this Honourable Court has both territorial and pecuniary jurisdiction to entertain this matter.

THEREFORE Plaintiffs pray for Judgment and Decree as follows:

  1. A declaration that the Defendant is in total breach of the fire and allied perils insurance policy between the parties;

  1. Assessment to be done by an independent insurance assessor/adjustor based on the correct sum insured and establish the right, just and fitting indemnity to the Plaintiff;

  1. Order against the Defendant to pay the Plaintiff on the sum that shall be found out on (b) above;

  1. That the Defendant be ordered to flatly release and/or discharge property in (b) above with immediate effect;

  1. Payment of interest at LIBOR plus 1% of the sum found at (d) from the date of judgment to the date of full and final payment;

  1. Payment of the General damages as shall be assessed by the Court but not less than Tshs. 500,000,000.00;

  1. Payment of interest at 12% of the Court rate on the decretal sum from the date of judgment to the date of final payment;

  1. Costs of this suit and

  1. Any other relief the Honourable Court shall deem fit and just to grant.


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

……………………………………………………….
Senior Officer of the Plaintiff able
to depose to the facts of this suit


………………………………………
Counsel for Plaintiff


Verification
I,………………………… being the Managing Director of the Plaintiff do hereby verify that all that is stated in paragraphs 1 through 21 hereinabove is true to the best of my own knowledge and what is contained in paragraph 22 is partly true to my knowledge and partly based on the advice given to me by Mr………………………. Advocate, which I verily believe to be true

Verified…………….. this………………..day of………………20...

……………………………………………………….
Senior Officer of the Plaintiff able
to depose to the facts of this suit

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

………….……………………………..
Registry Officer


Copy to be Served Upon
CCC
MMM Building, 8th Floor
P. O. Box……………
Dar es Salaam

Drawn & Filed By
AAA Attorneys
NNN Building, 4th Floor
P. O. Box………………
Dar Es Salaam

See also



NO.2


IN THE HIGH COURT OF TANZANIA
(……………. DISTRICT REGISTRY)

AT ………………….


CIVIL CASE NO. ……….OF  ………….

 …………………………………………….…….. PLAINTIFF

VERSUS

 …………………….. DEFENDANT


PLAINT


The Plaintiff above named states as follows:

1.                   That the A plaintiff is a natural person residing and working for gain within the City of Dar es Salaam and her address of service for the purposes of this suit is:


2.                   That the defendant is a………………………..  For purposes of this suit the address of service of the defendant is:

3.                   That…………….…………………………..


4.                   That……………………………………..

5.                   That…………………………………………

6.                   That the cause of action arose in …………….. and for purpose of court fees the Plaintiff’s claim against the Defendant is T. Shs. ……………. and thus this Honourable Court has jurisdiction to entertain and determine this matter.

WHEREFORE the Plaintiff prays for judgment and decree against the Defendant as follows:
(a)                 
(b)               That the defendant pays the Plaintiff interest on (a) above at a commercial rate of 35% per annum from the date the cause of action arose until judgment.

(c)                That the defendant pays the Plaintiff interest on (a) and (b) above at court rate from the date of judgment to satisfaction of judgment debt.

(d)               Costs of this suit.

(e)               Any other relief(s) this Honourable Court may deem just to grant.

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


                                                                                                                ……………..
                                                                                                                PLAINTIFF



VERIFICATION


All that is stated hereinabove is true to the best of my knowledge.


                                                                                                                ……………..
                                                                                                                PLAINTIFF

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


                                                                                                                …………………………
                                                                                                                REGISTRY OFFICER

COPY TO BE SERVED UPON:
……………
……………
………

DRAWN AND FILED BY:

…..
……
……..
……..




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