IN THE DISTRICT LAND AND HOUSING TRIBUNAL FOR KINONDONI

AT KINONDONI

APPLICATION NO………………………..OF 2012

FATUMA SEIFU ABDALAH …………………………..………………...… APPLICANT

VERSUS

ENTREPRENEURS FINANCIAL CENTRE………………………………RESPONDENT

THE RESPONDENT’S WRITTEN STATEMENT OF DEFENCE

The Respondent above-named wishes to state that hasve read and understood the
contents of the Application and wishes to reply to it and state as follows:-

1. That the contents of paragraph 1 of the application are noted

2. That the contents of paragraph 2 of the application are noted henceserve for the
proper address of the Respondent which for the purpose of service in this Suit is
shall be in the care of:-
Zenith Attorneys,
Maktaba Complex
3rd Floor, Unit 11C
Ali Hassan Mwinyi/Bibi Titi Rd
P.O.Box 80223
Dar es Salaam

3. That the contents of paragraph 3, of the application 4, and 5 are noted

4. That the contents of paragraph 4 of the application are noted to the extent that
there are two houses in dispute. The Applicant is put to strict proof of their
estimate value.

5. That the contents of paragraph 5 of the application are noted

6. That the contents of paragraph 6 (a) ( 1), (2) and-(3) of the application are noted

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 7. That the contents of paragraph 6 (4), (5) and (6) of the application are vehemently
disputed in their entirety and the Applicant is put into strict proof thereof.
Instead the Respondent states that it was an agreed term in the loan agreement
between the Applicant and the Respondent that in event of any repayment
default by the Applicant, then the full sum outstanding on the facility should
immediately become due and payable. Reference is made to paragraph 6.1 of the
Offer for a Loan which was accepted by the Applicant attached herewith and
marked as Annexture EFC 1. Leave of the court is craved for the same to form
part of this Written Statement of Defence.

8. That in addition to what has been stated in paragraph 7 above the Applicant wa
required as per the terms and conditions of the Offer Letter to pay the loan
amount on or before 21st May 2012 but the Applicant defaulted to repay the said
loan

9. That despite the repeated requests for repayment by the Respondent, the
Applicant failed, refused and/or neglected to repay the said loan and/or any
part thereof

10. That following the default by the Applicant by breaching the terms and
conditions of the Offer Letter of repaying the loan amount, the Respondent
decided to exercise its contractual rights by terminating the Offer Letter and
demanded from the Applicant the full amount of the loan in the sum of
Tanzanian Shillings Fifteen Million Eight Hundred Thirty Three Thousand Three
Hundred Thirty Three thirty five cents only (Tshs 15,833,333.35) plus interest.
Attached herewith and marked as Annexture EFC 2 is a copy of the demand
notice and leave of the court is craved for the same to form part of this Written
Statement of Defence.

That the content of paragraph 6(5) is disputed and the Applicant is put into strict proof
thereof. As indicated in the term of the Offer letter the Applicant was supposed to pay
installment amount of the loan on or before May 21th, 2012. Despite repeated requests
for payment the Applicant failed and/or neglected to pay the said loan. The copy of
demand note of loan payment dated June 7 th , 2012 is here attached and marked as ‘EFC
1’

That the content of paragraph 6(6) is disputed and the Applicant is put into strict proof
thereof. The Applicant breached the terms and conditions hence the Offer letter has

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been terminated and Applicant was suppose to pay the full amount of the loan in the
sum of Fifteen million eight hundred thirty-three thousand three hundred thirty-three
Tanzania Shillings thirty-five cents(15, 833,333.35) as paying interest and penalty for
late payments including daily interest. The copy of Offer for a Term Loan is here
attached and marked as ‘ EFC 2’

11. That the content of paragraph 6(b) are noted

WHEREFORE, The Respondent prays for Judgment and Decree against the
Applicant as follows:-
(a) The Applicant’s application be dismissed.
(b) This Honorable Tribunal order that the Applicant to pay the full amount of
the loan in the sum of Fifteen million eight hundred thirty-three thousand
three hundred thirty-three Tanzania Shillings thirty-five cents (15, 833,333.35)
as paying plus interest and penalty for late payments including daily interest.
(c) Cost of the suit
(d) Any other relief(s) as this Honorable Court deems fit and just to grant

Dated at Dar es Salaam this ___________day of July, 2012

VERIFICATION
I Khalifa Kiango hereby verify that the contents of paragraphs 1, 2, 3, 4, 5, 6, 7, 8,
9, 10 and 11 of the Written Statement of Defence are true to the best of my
knowledge in my capacity as counsel for the Respondent.

___________________
KHALIFA KIANGO
ADVOCATE FOR THE RESPONDENT
(Under O VI rule 14 CPC)
Present this for filing this ___________day of July, 2012

__________________
REGISTRY OFFICER

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DRAWN AND FILED BY:
Zenith Attorneys,
Maktaba Complex,
3rd Floor, Unit 11C,
Ali Hassan Mwinyi/Bibi Titi Rd
P.O.Box 80223
Dar es Salaam.

COPY TO BE SERVED UPON

The Applicant,
P.O.Box 15912
Dar es Salaam