IN THE RESIDENT MAGISTRATES’ COURT OF DAR ES SALAAM

AT KISUTU
CIVIL CASE NO __________OF 2019

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX….……… PLAINTIFF
VERSUS
XXXXXXXXXXXXXXXXXXXXXXXXXXX ……………………. 1ST DEFENDANT
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX …………..… 2ND DEFENDANT

PLAINT
The Plaintiff named above wishes to state as follows: -

1. That, the Plaintiff is the limited company duly registered in the United
Republic of Tanzania, as Insurance Company carrying on insurance
business in Tanzania. Its proper address for the purpose of this suit shall
be in the care of:-

XXXXXXXX ATTORNEYS,
HOLLAND HOUSE, 2ND FLOOR,
ROOM NO 215,
SAMORA AVENUE,
P.O. BOX 80333,
DAR ES SALAAM

2. That, the 1st Defendant is the limited company duly registered in the
United Republic of Tanzania as the insurance broker, carrying on the
business of insurance brokerage. Its proper address for the purpose of this
suit shall be:-

MANAGING DIRECTOR,
XXXXXXX
ACACIA BUILDING,
SAMORA AVENUE,
P.O. BOX 13881,
DAR ES SALAAM

3. That, the 2nd Defendant is the limited company duly registered in the
United Republic of Tanzania as the construction firm, carrying on the
business of construction. Its proper address for the purpose of this suit
shall be:-

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 MANAGING DIRECTOR,
XXXXXXXXXX,
SINZA D ALONG SHEKILANGO ROAD OPP.-
MUGABE P/SCHOOL PLOT. SNZ/SND/107,
DAR ES SALAAM

4. That, the Plaintiff’s claim against the Defendants jointly and severally is
for payment of TZS. 97,583,531.46 (say Ninety Seven Million Five
Hundred Eighty Three Thousand, Five Hundred Thirty One Shillings and
Forty Six Cents) and $ 1,237 (Say One Thousand Two Hundred Thirty
Seven US Dollars Only) which is equivalent to TZS. 2,845,100/= (say Two
Million Eight Hundred Forty Five Thousand One Hundred Shillings only)
being outstanding insurance premiums which were not remitted to the
insurer (Plaintiff) by the 1st defendant in the years 2015, 2016 and 2017.

5. That, the 1st Defendant on various dates of 2015, 2016 and 2017 being
the insurance broker sold different insurance cover notes by the Plaintiff,
however the 1st Defendant has never remitted insurance premiums to the
insurer despite of several demands to pay.

6. That, the 2nd Defendant on various dates of 2015, 2016 and 2017 being
the client of the 1st Defendant bought on credit different insurance cover
notes issued by the Plaintiff to the tune of TZS: 47,925,997.00 (Forty
Seven Million Nine Hundred Twenty Five Thousand, Nine Hundred Ninety
Seven Shillings only), and Forty Six Cents) and $ 1,237 (Say One
Thousand Two Hundred Thirty Seven US Dollars Only) which is equivalent
to TZS. 2,845,100/= (say Two Million Eight Hundred Forty Five Thousand
One Hundred Shillings only) however the 2nd Defendant has never paid the
outstanding insurance premiums to neither the broker nor the insurer
Plaintiff despite of several demands to pay.

7. That, the Plaintiff has prepared outstanding statement showing amount of

premiums payable to the insurer Plaintiff, and the said outstanding
statement was communicated to the 1st Defendant for payment purposes.
A copy of the said outstanding statement is hereby annexed and marked as
ANNEXURE STAR 1 and the leave of this Honorable Court is craved for it
to form part of the Plaint.

8. That, on 31st May 2019 the Plaintiff again prepared an outstanding

statement of the 2nd Defendant showing amount of premiums payable to
the insurer Plaintiff, and the said outstanding statement was put into the
2nd Defendant’s attention for payment purposes, however she shunned to
receive, stamp, and endorse the said outstanding. A copy of the said
outstanding statement is hereby annexed and marked as ANNEXURE

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 STAR 2 and the leave of this Honorable Court is craved for it to form part of
the Plaint.

9. That, despite of several reminders by the Plaintiff to the Defendants to pay

the outstanding insurance premiums, such plea has befallen in deaf ears
as they have never heeded to the Plaintiff’s demands, this has caused
mammoth business loss to the Plaintiff.

10. That, the cause of action arose in Dar es Salaam and the amount claimed
by the Plaintiff is within the pecuniary jurisdiction of this Honorable Court.

WHEREFORE; the Plaintiff prays for Judgment and Decree against the
Defendants as follows: -
i. The Defendants jointly and severally be ordered to pay the Plaintiff a
total sum of TZS. 97,583,531.46 and $ 1,237 being the outstanding
insurance premiums.

ii. The Defendants be ordered to pay the Plaintiff general damages for
almost four (4) years of loss of business as it will be assessed by this
Honorable Court.

iii. The Defendant be order to pay interest at 25% per annum of (i) above
from the date of filing this suit to the date of Judgment.

iv. Payment of interest at court rate of 7% from the date of judgment

until payment in full.

v. Costs of the suit.

vi. Any other relief that this Honorable Court may deem fit and equitable
to grant.

Dated at Dar es Salaam this _____________ Day of ___________________ 2019

_________________________________ __________________________________
ADVOCATE FOR THE PLAINTIFF PLAINTIFF’S PRINCIPAL OFFICER
DULY AUTHORISED AND ABLE TO DEPONE TO THE FACTS OF THE CASE

VERIFICATION

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I, XXXXXXXX, being the Principal Officer of the Plaintiff able to depone on the
facts of case, do hereby verify that all what is stated in Paragraph 1, 2, 3, 4, 5,
6, 7, 8, 9, and 10 is true to the best of my knowledge and understanding.

Verified at Dar es Salaam this _____________ Day of _________________ 2019

_________________________________
PLAINTIFF’S PRINCIPAL OFFICER
DULY AUTHORISED AND ABLE TO DEPONE TO THE FACTS OF THE CASE

Presented for filing this___________________ Day of_______________________2019

__________________________________
COURT CLERK

DRAWN & FILED BY:

XXXXXXXX (ADVOCATE),
XXXXXX ATTORNEYS,
HOLLAND HOUSE, 2ND FLOOR,
ROOM NO 215, SAMORA AVENUE,
P.O. BOX 80333,
DAR ES SALAAM

COPY TO BE SERVED UPON:

1. MANAGING DIRECTOR,
XXXXXXXX,
NIC LIFE HOUSE, GROUND FLOOR,
SOKEINE DRIVER/OHIO STREET, WING 3
P.O. BOX 3999,
DAR ES SALAAM

2. MANAGING DIRECTOR,
XXXXXXXX,
SINZA D ALONG SHEKILANGO ROAD OPP.-
MUGABE P/SCHOOL PLOT. SNZ/SND/107,
DAR ES SALAAM

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