IN THE DISTRICT COURT OF KINONDONI

AT KINONDONI

CIVIL CASE NO 79 OF 2018

CHARLES MZORA MNYAKONGO ............................................................ PLAINTIFF

Versus

MWAJABU SABO ABDALLAH ............................................................ 1ST DEFENDANT

AKIBA COMMERCIAL BANK PLC .................................................... 2ND DEFENDANT
ACHASE TANZANIA LTD ............................................................... 3RD DEFENDANT

WRITTEN STATEMENT OF DEFENCE BY THE THIRD DEFENDANT

The third defendant begs to state as follows:-

1. That save for the proper address of service to the 3rd defendant, which is herein below
indicated, the contents of paragraphs 1, 2, 3 and 4 of the Plaint are noted. The 3rd
defendant’s proper address of service for the purpose of this suit is in the care of:-
Infinity Law Attorneys,
The Coronation Building,2nd Floor,
Left Wing, Azikiwe/Samora Street,
Opposite Askari Monuments,
P.O. Box 12076,
DAR ES SALAAM.
Mobile No 0787203190/0713401756

2. That the contents of paragraph 5 of the Plaint are strongly denied. The allegations of
the need of consent are strongly denied. The property pledged as security exclusively
belongs to the first defendant who is single (not married) and purchased the same from
the plaintiff.

Copies of Sale Agreement, loan agreement, forms for request of the loan and
declaration of being single are attached hereto as Annextures “A” and “B”
respectively and the leave of the court shall be sought to refer to them as forming
part of this defence.

3. That the contents of paragraph 6 of the Plaint are strongly denied and the plaintiff is put
to strict proof thereof.
4. That the contents of paragraph 7 of the Plaint are noted to the extent that the 1 st
Defendant (who is single) obtained loan from 3rd Defendant and the remaining allegations
the plaintiff is put to strict proof thereof.
5. That the contents of paragraph 8 of the Plaint are strongly denied. The allegations of the
need of consent are strongly denied.

6. That the contents of paragraph 9 of the Plaint are noted to the extent that the 1 st
Defendant borrowed money from 3rd Defendant.

7. That the contents of paragraph 10 of the Plaint are strongly denied. The allegations of
the need of consent are strongly denied. Further the 3 rd defendant states that the property
which was used as a security it is owned by the 1st defendant alone.

8. That the contents of paragraph 11 of the Plaint are strongly denied and the plaintiff is
put to strict proof thereof.

9. That the contents of paragraph 12 of the plaint are denied and the plaintiff is put to strict
proof thereof.

10. That the 3rd defendant denies every allegations of fact is set forth hereinabove.

WHEREFORE the 3rd defendant prays for the dismissal of the entire Plaint with costs.

............................................................ .....................................
ADVOCATE FOR THE 3RD DEFENDANT PRINCIPAL
OFFICER OF
THE THIRD
DEFENDANT
ABLE TO DEPOSE TO
THE
FACTS OF THE CASE.

VERIFICATION
ALL what is stated in paragraphs 1, 2, 3,4,5,6,7,8,9, and 10 hereinabove is true to the best of my
own knowledge. VERIFIED at Dar es Salaam this .......... day of ..................., 2019.

......................................
PRINCIPAL OFFICER OF
THE THIRD
DEFENDANT
ABLE TO DEPOSE TO
THE
FACTS OF THE CASE.
 Presented for filing this ………… day of ……………………….. 2019.

…………………
COURT CLERK
DRAWN AND FILED BY:

……………………………………….
Innocent Paulos Mwelelwa, (Advocate),
Infinity Law Attorneys,
Coronation Building 2nd Floor
Azikiwe/ Samora Avenue
Opposite Askari Monument,
P.O. Box 12076,
Dar es Salaam.
Mobile NO 0787203190/ 0713401756

TO BE SERVED UPON:
1. Samwel Shadrack, ( Advocate)
Upright Attorneys,
NEDCO Building, 3rd Floor, Eastern Wing
Ali Hassani Mwinyi Road,
P. O. Box 75444,
DAR ES SALAAM.

2. Mwajabu Sabo Abdallah

P. O. Box Boko
DAR ES SALAAM.

3. Akiba Commercial Bank Plc

Aman Place, Ohio Street
P. O. Box 669,
DAR ES SALAAM