sample of Written Statement of Defence (WSD)


Here you will find two samples of the Written Statement of Defence (WSD). 

One is a normal Written Statement of Defence and another is Written Statement of Defence with Preliminary Objections. 

Before going to the sample I will first share with you the basic insights as far as WSD is concerned. 

I will share with you the meaning of WSD, Contents of WSD, things to consider when preparing your WSD, and the effect of not filing WSD or filling Defective WSD. 


Written Statement of Defense Meaning 

Is a written statement by a defendant formally admitting or denying the facts on which the plaintiff claim is based on and the material facts on which the defendant intends to rely on in his/her defense to the suit.

in very simple terms, WSD is a reply to Plaint

Contents of a Written Statement of Defense 


A properly drawn written statement of defense must contain the following things 

  1. The name of the court in which the suit has been filed. 
  2. The name of the parties 
  3. A statement in the concise form of the material facts on which the defendant relies on his defense but not the evidence by which he intends to prove those facts. 
  4. A prayer that the suit be dismissed struck out, etc depending on the case. 
  5. verification and other related parts thereof. 
It should be noted that before you respond to a plaint he must observe the following 

  • You must be certain that you have clearly understood the content and form of the Plaint
  • You must be certain with the nature of the claim and the legal basis of it. 
  • You must examine whether you are in a position to respond and put any primary objection if any. 
  • You must observe whether the plaint has any course of action. 
  • You must consider whether you have any difference to the allegation raised by the plaintiff’s plaint. 

Legal Effects of not filing Written Statement of Defense at all or effect of filing defective Written Statement of Defense 




  1. Ex-parte Judgment. 

Ex-parte Judgment refers to the judgment which is delivered by the court after hearing the plaintiff only. 

This happens when a defendant is required to file or present a written statement of defense but failed to do so without any reasonable course of doing so. 

2. if part of the written statement of defense lacks one of its mandatory contents, the written statement of defense becomes defective. 

For example, if the written statement lack verification clause or parties or court that the suit is done, makes the written statement of defense to be as good as no written statement of defense. Hence court may enter ex-part judgment. 

Or the court may at any time and on such terms as to the costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding. 

3. Failure to disclose matters alleged in the plaint may render the particular facts of the plaint to be admitted. 

Sample No 1. 

IN THE HIGH COURT OF TANZANIA 
(LAND DIVISION) 
LAND CASE NO……OF ………... 
AT DAR ES SALAAM 

between 
BDC _______________ Plaintiff 

And 
ASC CO LTD _______________ Defendant 


WRITTEN STATEMENT OF DEFENCE OF THE DEFENDANT 

The Defendant above named states in answer to the Plaint as follows that: 
  1. The contents of paragraphs 1 and 2 of the Plaint is noted. 
  2. The contents of paragraph 3 of the Plaint are denied and the Plaintiff is put to strict proof thereof. The Defendant wishes to state that………………………… 
  3. Save that…………………….the contents of paragraph 4 are denied. Further, the Defendant denies that………………………….. The plaintiff is put to strict proof. 
  4. The contents of Paragraph 5 of the Plaint are denied. 
  5. The contents of Paragraph 6 of the Plaint are denied. The Defendant wishes to state that…………………………………………. 
  6. The contents of Paragraph 7 of the Plaint are denied. The Defendant wishes to reiterate that………………………………….. 
  7. In further answer to the said paragraph, the Defendant annexes hereto marked Annexure NC-2 copy of…………………………………….. 
  8. The contents of Paragraph 8 of the Plaint are denied. 
  9. The contents of Paragraphs 9 and 10 of the Plaint are noted. 
  10. As regards paragraph 11 of the Plaint the Defendant denies………………………. 
  11. The contents of Paragraph 12 of the Plaint are unclear and ambiguous. 
  12. The contents of paragraph 13 are unclear as the same does not state……………….. 
  13. The contents of paragraph 14 of the Plaint are noted. 
  14. The contents of Paragraph 15 of the Plaint are denied. 
  15. The jurisdiction of this Honorable Court is noted. 
  16. Save as otherwise admitted hereinabove, the Defendant denies every allegation of fact and law raised in the Plaint as if the same had been specifically set out herein and traversed seriatim. 
  17. In the premises and by reason of the defense written in the statement hereinabove, the amount claimed and the other prayers and/or relief sought by the Plaintiff at the end of the Plaint are baseless and should be dismissed in their entirety, with costs awarded against the Plaintiff. 

WHEREFORE, the Defendant prays for dismissal of the suit with costs. 

Dated at Dar es Salaam this _____ day of………………….. 
___________________________ 
Principal Officer of the Defendant 
able to depose on the facts of the case 


V E R I F I C A T I O N 
I,…………….being the Manager, Commercial and Finance, do hereby verify that save for paragraph 15 which is based on advice received from……………., one of the Advocates of………………which I verily believe to be true, what is stated in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 13, 14, 16 and 17 above is true to the best of my knowledge. 
___________________________ 
Principal Officer of the Defendant 
able to depose on the facts of the case 

Presented for filing this ______ day of............20...
_____________ 
Registry Officer 


DRAWN AND FILED BY: 
XXX Advocates, 
9th Floor YYY Tower, 
P. O. Box………., 
DAR ES SALAAM 

COPY TO BE SERVED UPON: 
A & Co., 
Advocates 
3rd Floor, BBB Towers 
P. O. Box……………. 
DAR ES SALAAM


Read also 


Sample No. 2 (WSD with Preliminary Objection (P.O) 


IN THE DISTRICT COURT OF ……………………. 
AT ………………………… 
CIVIL CASE NO. .. OF 20... 
ABC……………………………………………..……. PLAINTIFF 
VERSUS 
DEF……….....……………………………….……...DEFENDANT 

NOTICE OF PRELIMINARY OBJECTION 

TAKE NOTICE that on the first day of hearing of this suit the Defendant herein will raise and argue a preliminary objection in limine litis to wit 

(a) That the Plaint does not disclose any cause of action. 

WRITTEN STATEMENT OF DEFENCE: 

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 
  2. That the contents of paragraph 2 of the plaint is partly noted and partly disputed. The defendant avers that he resides and works for gain within …………… district and his address for service for the purpose of this suit shall be in the care of: Xyz ATTORNEYS …………….., 22nd Floor P.O.Box …………………………… 
  3. That paragraph 3 is partly noted and partly disputed. The defendant avers that the plaintiff does not have any claim against the defendant and further that the defendant has never caused any damage to the plaintiff’s farm. The plaintiff is put to strict proof of his allegations. 
  4. That the contents of paragraph 4 of the plaint are disputed. The defendant avers that there has never been a time when his cattle either trespassed or damaged any crops on the plaintiff’s farm. The plaintiff is put to the strictest proof of his allegations. 
  5. Paragraph 5 of the plaint is disputed. The defendant avers that matters contained therein are extraneous and irrelevant. The plaintiff is put to the strictest proof of his allegations. 
  6. Save as aforesaid, the defendant denies each allegation in the plaint as though the same were set out herein and traversed specifically 

WHEREFORE, the Defendant prays that the suit be dismissed with costs 

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

VERIFICATION 
All that is stated from paragraphs 1,2,3,4,5, and 6 are true to the best of my own knowledge 
………………….. 
DEFENDANT 

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


COPY TO BE SERVED UPON: 

PLAINTIFF 

DRAWN AND FILED BY: 
………………………. 
ADVOCATE 
XYZ ATTORNEYS 

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