UNIVERSITY OF IRINGA

FACULTY OF LAW

CIVIL PROCEDURE COURSE

INDIVIDUAL ASSIGNMENT

INSTRUCTIONS

1. To be submitted on 22nd December, 2022

2. It is a hand written assignment,

Scenario I

John is seated on his expensive strewn desk gazing dreamily at the beautiful sunset across

Lake Nyasa at Manda, Ludewa, Njombe. Any one walking into his office would think that,

John is having the best time of his life. However, the reality of the situation is quite different.

John is in the middle of preparing a suit for his new client. It has never ceased to amaze John

how many things an Advocate has to take into account when preparing for litigation.

Well, it came as a shocking realization to John that, the matter at hand was quite complex and

not the simple issue of a simple purchase of contract that had thought earlier. He found

himself required to go through a mountain of paper, evidence and do a lot of interviews

before he could attempt to do anything related to this matter.

It all begun on 1st December, 2022 when the Majengo S. Majengo came to his office for help.

Majengo is the Country Director for Mtwara Construction Limited, a construction company

operating in the whole of East Africa.

Majengo narrated his blue story. He said, it was 3rd anniversary riotous turn of event that

started when his company won a tender for the construction of the new National Stadium at
Kihesa, Iringa. Soon after the award, Majengo travelled to Mbeya in order to negotiate and

conclude a deal with Kaswega Co. limited for the supply of 10 bulldozer and other associated

construction equipment that were to be used for the project.

After three days of meeting with Kaswega Omary, a senior director of the supplier, it was

agreed that, Kaswega Co. limited will supply and deliver at site office at Kihesa, all required

equipment within three months at the price listed in a tender document amounting to twenty-

five billion shillings. It was also agreed that, the purchase price would be paid in 3 equal

instalments that would coincide with the delivery deadline.

Trouble started when Kaswega Co. limited missed the delivery of the construction equipment

by nine months. Mr. Kaswega was always full of excuses, explanations and promises that

were never kept. To make the matters worse, nearly half of the construction’s equipment was

of wrong specifications and could only work at half of the required capacity.

Needless to say, this has caused Majengo a lot of concerns. The equipment delays and their

low capacity caused him to overshoot the project completion period by three months and

suffer an operational loss of 6 billion shillings. The reputation of the company has been

affected tandemly because the employer, IRINGA MINICIPAL, has blacklisted Mtwara

Construction Limited in all their construction contracts for the year 2022/2023. There is also

a number of pending claims against them, where about 20 workers are contemplating to sue

in the labour court and various trade unions.

The situation is so dire that John’s client wants to pursue for reliefs as soon as possible.

Now therefore, you’re the legal officer of John’s law firm. Assist him on the following; -

i. Who are the parties to this dispute?

ii. Identify the proper party and explain why.

iii. What is the nature of the dispute?

 iv. What cause of action does the claimant have against the other party?

v. What preliminary matter to be considered by John before institution of this

case?

vi. Is letter of demand relevant in this aspect? Draft and provide the important

element to be considered in drafting a letter of demand.

vii. In which court would you advice John to file his suit?

viii. What would be the proper court registry in terms of geographical location?

ix. List relief that John needs to seek on behalf of his client?

x. Who would appear in court according to this scenario?

xi. Who may commence civil litigations in this scenario?

xii. Write a legal opinion on things to be considered before filling of this case in

the Court of laws. (Not exceeding one page)

xiii. Can workers sue in group action? How? Please explain the relevant provision

in reference to the civil procedure Code.

xiv. It comes to the knowledge of John that, Kaswega Co. limited, have an

insurance term with Kawawa Microfinance to cover contractual

obligations when purchasing construction equipment’s from abroad. Can

the defendant in a suit apply for the third party to be joined? How?

All the best