UNIVERSITY OF IRINGA

FACULTY OF LAW

COURSE NAME: ADMINISTRATIVE LAW II

LECTURER’S NAME: MISS HALIMA MIIGO

NATURE OF THE WORK: GROUP WORK

SUBMISSION DATE: 06th APRIL 2023

NAME PARTICIPANTS

S/N PATICIPANTS REG NO SIGN

1 TUNTUFYE A MTAFYA LLB-30532

2 ASHIRAFU HAMIDU KATATUMBA LLB-29347

PLAINT

Is a written document drawn by a plaintiff or his advocate which contain in a concise form or
the material fact on which the plaintiff relies for the relief he claim in a suit.
A plaint is a court document, it should contain a title: The name of the court, the
number of the case and the names of the parties Are the things which comprises on the
title of a plaint as provided under Order VII Rule 1 (a) (b) and (c) of Civil Procedure Code1.

In the body of the plaint the first paragraph should contain the description of the
plaintiff. Where there is more than one plaintiff, each plaintiff will be described in his
own paragraph. The second paragraph will contain the description of the defendant.
Where there is more than one defendant, each will be described in separate paragraph.

The main body of the plaint will constitute the facts which show the cause of action.

The end of the plaint there should be a statement to the effect that a claim has been
made and the defendant has refused to accede to it.

There has to be a paragraph towards the end to show that the court has jurisdiction.
This is followed by prayer for reliefs. As provided under Order VII Rule 2 of Civil Procedure
Code2. The relief not prayed cannot be granted.

At the end of the prayer of relief there must be a signature of the plaintiff or any person
entitled by the law. Then comes verification which should be signed at the left hand
corner by an Advocate or Magistrate.

Things to consider on Plaint.

- The names together with the description and the place of residence or place of
business must be set out in the title part of the plaint.

- If the plaintiff is unable to give the full name of the defendant it is better to state
in the body of plaint that, in spite of his best endeavor, the plaintiff could not
ascertain the full name of the defendant.

- A corporation must sue or be sued in its full corporate name.

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- Partners may be sued in the firm’s name.

- The capacity in which the plaintiff sues or the defendant is being sued ordinarily
be set out in the body of the plaint.

- Dual capacity, as where the plaintiff sues in a representative capacity as also in

his own right should be clearly stated.

- Rule 1 (b) and (c) of Order VII 3 requires that the place of the plaintiff or the
defendant is to be stated in the plaint. It does not say anything about the place
where the plaintiff or the defendant carries on business or personally works for
gain.

- Place of residence however, can only apply to person actions. It cannot apply to a
firm, corporation or government.

Even in personal actions the place where a party carries on a business or personally
works for gain may be, and often is stated instead of his place of residence.

In case of registered company, the place where the registered office of the company is
situated or where any of the branch offices of the company is situated.

The body of the plaint should be divided into paragraphs and consecutively numbered.

Dates, sums and numbers should be expressed in figure as provided Under Order VI
Rule 2 of Civil Procedure Code4.

REJECT OF THE PLAINT

There are three circumstances under which a court may reject a plaint which shown under
Order VII Rule 11 of Civil Procedure Code5:
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a. Where the plaint does not disclose a cause of action. The case of John M Byombalirwa Vs
Agency Maritime Internationale Tanzania Ltd 6, it is an appeal case from the High court where by the
appellant's case was dismissed due to the preliminary objection that the plaint disclosed no cause of
action, as the plaint must contain the inte alia the facts that constitute the cause of action as it provided
under Order VII rule 1 (a) of the Civil procedure Code 7 as the Court have the power to reject the plaint
when it happen that the plaintiff disclosed no cause of action this is provided under Order VII rule 11(a)
of the Civil procedure Code Cap 33 R.e.2019 . Also there is the case of Mariam Soud Hussein V Pius
Solanki and 2 others8, as under this case the plaintiff failed a suit against the defendant as there is the
preliminary objection that are being violated as provided under Order VII rule 1(a) of the Civil procedure
Code9, also the court have the power to reject the plaint if the plaintiff disclosed no cause of action as
provided under Order VII rule 11 of the same Act.

b. Where it appears to the court that the claim is under-valued. After the court has given
power to the plaintiff to value it properly and the plaintiff has declined to do so.

c. Where on the face of the plaint the suit appears to be barred under any law. Eg. The
Law of Limitation Act, Security of Employment, res judicata, res sub judice, etc.

The flexible approach of courts of Tanzania has resulted into the amendment of rule 11
by GN 228/1971. Under the amendments the Chief Justice used his power of making
rules under section 81 of Civil PRocedure Code10 to add a proviso to rule 11 which states:
“Provided that where the court is of the opinion that, by allowing an amendment of the
plaint will disclose a cause of action, the court may order an amendment instead of
rejecting the plaint.”

Procedure of Rejection of Plaint

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[1983] TLR 1
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[2022] TZHC 2
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When the court rejects the plaint it must state the reasons for so doing as this order are
appellable.

Rejection of a plaint is not a decision of the case on merits and therefore the doctrine of
res judicata will not apply Rule 13 Order VIII11.

A rejection of the plaint under this rule does not operate by itself as a bar to the plaintiff
against filing a fresh suit on the same subject matter and of the same parties.

BIBLIOGRAPHY

STATUTES

Civil Procedure Code [Cap 33 RE 2019]

CASE LAW

Mariam Soud Hussein V Pius Solanki and 2 others [2022] TZHC 2

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John M Byombalirwa Vs Agency Maritime Internationale Tanzania Ltd [1983] TLR 1