AIT. 0002.00.afd.

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

(COMMERCIAL DIVISION)

AT DAR ES SALAAM

COMMERCIAL CASE NO._______ OF 2021

CANARA BANK (TANZANIA) LIMITED...........................................................PLAINTIFF

VERSUS

1. TANZALAND TEXTILE LIMITED .....................................................1ST DEFFENDANT

2. BARAKA NYANG’ANYI MARELA........................................................2ND DEFENDANT
3. MARCO KAMUGISHA LWIZA..............................................................3RD DEFENDANT
4. ALEX MASHISHANGA MAGANGA.....................................................4TH DEFENDANT
5. CLEMENCE WILSON MASINGA……...........................................…..5TH DEFENDANT
6. VERAIKUNDA MOSES AYO…….................................…....................6TH DEFENDANT
7. HAMAD KONDO MLEGEZAH…….................................................…..7TH DEFENDANT

AFFIDAVIT

I, VICTORY NAHUM, female, Adult, Christian and resident of Dar es Salaam do hereby make
Oath and state as follows:

1. That I am an Officer of the Plaintiff Bank in the Credit Department duly authorised to
tender electronically generated document on behalf of the Plaintiff hence conversant with
the facts I am about to depose hereunder.

2. That during and in my operation of a Bank’s customer Account in the name of the 1 st
Defendant, the Company’s Statement of Account was generated, recorded and stored
electronically through a computer system and thereafter printed out.

3. That I am required to produce the printout of the said Statement of Account as part of my
evidence. A copy of the said Statement is attached to the Plaint as part of Annexure CBT-4
to be relied on by the Plaintiff in the case.
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AIT. 0002.00.afd.

4. That the Statement of Account comprises electronic evidence requiring proof of

authenticity and I depose to this Affidavit to prove that the Statement was at the time of
the making of the entries therein one of the ordinary books of
the Plaintiff and that the entries were made in the usual and ordinary course of
business, and that the Statement of Account is in the custody or control of the Plaintiff.

5. I state further that the said Statement of Account was generated, recorded and stored in
the computer systems of the Plaintiff during and after issuance of the loaned amount to
the 1st Defendant as stipulated in the Plaint.

6. Further, at all material times, the computer system of the Plaintiff was operating properly
and without any technical problems.

7. That the Statement of Account was generated, stored and recorded electronically and in
the usual and ordinary course of business by the Plaintiff who is a party to these
proceedings and claiming immediate payment of the due amount owed to the Defendants.

8. That at the time of printing the documents they were in the normal course of business and
no alteration has been made to their authenticity.

Dated at Dar es Salaam this______ day of______________, 2021

_________________________
DEPONENT

VERIFICATION

I, VICTORY NAHUM being the Principal Officer of the Plaintiff do hereby verify that all what
is stated in paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 hereinabove is true to the best of my own
knowledge.

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AIT. 0002.00.afd.

VERIFIED at Dar es Salaam this _____ day of ______________________, 2021

_________________________
DEPONENT
SWORN and DELIVERED at Dar es Salaam by
the said VICTORY NAHUM who is known to me
personally/who has been introduced to me by ___________________
_____________________________ the latter being known DEPONENT
to me personally this ______ day of _____________, 2021.

BEFORE ME:

Name: ______________________________________
Signature: ___________________________________
Address: ____________________________________
: ___________________________________
POSITION: COMMISSIONER FOR OATHS

Presented for filing on this _____ day of __________________, 2021

____________________
REGISTRY OFFICER

TO BE SERVED UPON;

1. The Directors
Tanzaland Textile Limited
P. O. Box 32350
Dar es Salaam.

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AIT. 0002.00.afd.

2. Baraka Nyang’anyi Marela

Tanzaland Textile Limited
P. O. Box 32350
Dar es Salaam.

3. Marco Kamugisha Lwiza

Tanzaland Textile Limited
P. O. Box 32350
Dar es Salaam.

4. Alex Mashishanga Maganga

Tanzaland Textile Limited
P. O. Box 32350
Dar es Salaam.

5. Mr. Clemence Wilson Masinga

Tanzaland Textile Ltd
P. O. Box 32350
Dar es Salaam.

6. Veraikunda Moses Ayo

Tanzaland Textile Limited
P. O. Box 32350
Dar es Salaam.

7. Hamad Kondo Mlegezah

Tanzaland Textile Limited
P. O. Box 32350
Dar es Salaam.

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AIT. 0002.00.afd.

DRAWN AND FILED BY:

Paschal Kihamba(Advocate)
IPS Building, 7th Floor, Left Wing
Azikiwe Street/Samora Avenue
P. O. Box 7219
Dar es Salaam.

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