VERSION V/February 14, 2015

DEMAND NOTICE AND NOTICE OF INTENTION TO SUE

[LEGAL DRAFTING AND WRITING IV, LECTURE PAPER, FEBRUARY 2015]
Prepared by;
KATABARO, Jackson∗
1.1 Defining Demand Notice

A document or letter of legal sanctity prepared by a claimant or prospective plaintiff or an Advocate such on behalf to be addressed to the
prospective defendant. It is a letter of authority which tries to initiate mitigation or civil action resolution prior to the institution of suit in the
competent Courts of law or Tribunal. There is no prescribed format for this document. Conversely, it must be drafted in such a manner that
expresses a demand and intention to sue, the two elements has necessitated this document to be named as a demand notice and notice of
intention to sue.

1.2 Governing Laws

The mother law which regulates civil suits and procedure in Tanzania, the Civil Procedure Code,1 is silent pertaining to the requirement of
demand notices. The silence of the Code does not mean the notice is of no importance, yet it is a procedural requirement prior to the institution
of any civil suit which can be referred to from the Advocates Remuneration and Taxation of Costs Rules.2. In all legal proceedings against the
Government the requirement of notices are expressed under The Government Proceedings Act,3 The Government Proceedings Act,4 (for
Zanzibar) The Local Government (Urban) Authorities Act and the Local Government (District) Authorities Act. [See, CAP 287&288 R.E 2002]

∗
Assistant Lecturer, School of Law, St. Augustine University of Tanzania
1
CAP 33 of the laws of Tanzania
2
See, G.N 515 of 1991
3
Cap 5 of the Revised laws of Tanzania

1 By; KATABARO, Jackson,

LLM-Taxation (UDSM), LL.B (SAUT) jkatabaro@gmail.com
 VERSION V/February 14, 2015

Legislation Terms Of Use/Relevant sections

Rule 68
1.2.1 Advocate Remuneration and Taxation of “If the Plaintiff in any action has not given the defendant notice of his intention to
Costs Rules sue, and the defendant pays the amount claimed or found to be due, at or before the
first hearing no advocates’ costs will be allowed except on the special orders of the
judge.”
Rule 21
1.2.2 Rules of Professional Conduct and Etiquette In a debt collection cases, a claimant is required to serve a demand notice on the
of the Tanganyika Law Society debtor of not less than Seven days for debtors residing within Tanzania and not less
than 21 days for debtors residing abroad.

1.3 Statutory Notices in Government Legal Proceedings

Legislation Terms Of Use/Relevant sections

1.2.2 The Government Proceedings Act5 Section 6(1)-(7)

No suit against the Government shall be instituted and heard unless the claimant previously
submits to the Government (Minister/Department/officer Concerned)
i A notice of not less than ninety (90) days
ii Expressing intention to sue the Government
iii Specifying the basis of the claims against the Government
iv Serve the copy of the notice to the Attorney General
Section 6(2)-(6)
1.2.3 The Government Proceedings Act i. Two Month’s notice
[Act No 3 of 2010] ii. Specifying the cause of action, name, description and plaintiff residence
[ Applicable only in Zanzibar] iii. Serve the copy of the notice to Chief Secretary to the Government and Attorney
General

4
Act No 3 of 2010 for Zanzibar
5
CAP 5 of the Revised laws of Tanzania

2 By; KATABARO, Jackson,

LLM-Taxation (UDSM), LL.B (SAUT) jkatabaro@gmail.com
 VERSION V/February 14, 2015

1.2.4 The Local Government (District Section 190 (1)&(2)

Authorities) Act [CAP 287 R.E 2002]
No suit shall be commenced against a Local Government District Authority until one month
notice of intention to commence the suit has been served upon the authority by the intending
plaintiff or his agent specifying
i Cause of action
ii The name and place of abode of the intending plaintiff
iii The relief thought

Section 106 (1)&(2)

1.2.5 The Local Government (Urban No suit shall be commenced against Urban Authority until one month at least after the
Authorities) Act [ CAP 288 R.E 2002] written notice of intention to commence the suit has been served upon the authority specifying;
iv Cause of action
v The name and place of abode of the intending plaintiff
vi The relief thought

1.3 Essential Contents/Items of Demand Notice

Elements/Contents Explanation
1.3.1 Address of the Claimant/Prospective plaintiff - Like in ordinary official letter, the address of the drawer will
easily further correspondence between the Claimant/
prospective plaintiff and prospective defendant.
1.3.2 Address of the Prospective Defendant - It should be the correct address of the prospective defendant
or else the demand can easily be rejected for want of proper
address.
1.3.3 Date/Month/Year - So far as a demand notice set time limit for the compliance,
the date therefore, operate to measure the date of issue or
delivery and the time limit for compliance from the specified
date of issue of the demand notice

3 By; KATABARO, Jackson,

LLM-Taxation (UDSM), LL.B (SAUT) jkatabaro@gmail.com
 VERSION V/February 14, 2015

1.3.4 Reference number - This is very essential for further correspondences between the
prospective plaintiff, defendant and the Court where necessary
1.3.5 Reference/Heading /Title - Like it is in the ordinary official letter, the title normally
appears at the centre in Capital bold letters. For example;
The word [RE-Reference] whether used or not used, has no RE: DEMAND NOTICE FOR …………………….
legal impact in a demand notice. DEMAND LETTER FOR ………………………
- For the statutory demand notice the heading title also
constitute of the section and the applicable law.

RE: STATUTORY NOTICE OF INTENTION TO SUE

THE GOVERNMENT
(ISSUED UNDER THE GOVERNMENT
PROCEEDINGS ACT 1967 CAP 5 R.E 2002 ON/UPON

1.3.6 Acknowledgement of the Client Instructions - The first paragraph of the Demand notice must acknowledge
the client instructions. A lawyer is not drafting his own
demand notice; such notices are normally drafted on behalf of
the client who ought to have given pertinent information or
instruction prior to the drafting process by the learned lawyer.
1.3.7 Concise summary of the facts - Explore in summary the background or the legal foundation of
the claim or debts, like date of occurrence, place, individuals,
property involved and any other conversations or contracts so
executed
- Only relevant or material facts should be preferred
1.3.8 Demand /Concise statements of claims/facts - Express in accurate and concise manner the details of your
demand/claims, any specific dates of relevancy.
- Where it is a property, the value of the property ought to be
identified, where it a debt, the expression should be both in
words and numerals. It is important to reduce in succinct all
facts constituting the cause of action.

4 By; KATABARO, Jackson,

LLM-Taxation (UDSM), LL.B (SAUT) jkatabaro@gmail.com

1.3.9 Limitation of time for the defendant to comply with the
demand
1.3.10 Intention to sue /Threat/ warning statement in case of non
compliance of the demand thought
1.3.11 Signature of the drafter (Prospective Plaintiff/Advocate)
5 By; KATABARO, Jackson,
LLM-Taxation (UDSM), LL.B (SAUT)
VERSION V/February 14, 2015
- A statement setting time limit of which the prospective
defendant ought to comply with the demand.
- So far as civil litigation has limitations, it is advised the time
limit should not be longer than at least the minimum of twenty
(21) days save only for specific statutory notices of which the
duration is fixed by a given relevant statutes.
- The only threat or warning to be set in a demand notice
generally is the intention to proceed to the court upon non
compliance of the demand. It may also be on increase of rates,
percentage or value of the property or debt claimed
- It should not be in a extremely aggressive statements which
would easily intimidate and influence the prospective
defendant not to settle the dispute or else comply with the
claims/demands
- The signature can be of either, the prospective plaintiff or an
Advocate where his legal service for that matter has been
engaged.
jkatabaro@gmail.com
 VERSION V/February 14, 2015

1.4 The Legal Impact of Commencing Civil Proceedings without a Demand Notice

Advocate Remuneration and Taxation of Rule 68 In Abdul Aziz Velji Ratansi vs. Shari Singh (1968) HCD 453
Costs Rules6 Rule 61 (currently Rule 68) of Advocate Remuneration and Taxation
of Cost Rules was interpreted, it was held that, in absence of a
demand note, a plaintiff will not be entitled for Advocates costs.7
This applies where the legal services of Advocates are engaged as
there two types of costs, Advocate costs and General costs.8

- If the plaintiff has not given the defendant a demand notice

and defendant pays the amount claimed immediately before
or at the first hearing, an advocate will not be entitled to
costs except under a special order of the judge.

The Government Proceedings Act9
Seiph Wanumbwa vs. Muhimbili National
Hospital/Muhimbili Medical Centre, Ministry of
Labour & Attorney General10
Section 6(2) -The provision set it as a mandatory procedure; any suit
against the Government, the prospective plaintiff must
always deliver a notice of 90 days. The absence of which
will render the proceedings void ab initio
Manento JK Observed that;
“….from the wording of section 6 of the Government Proceedings Act, 1967 as amended
by Act No 30/1994, the plaintiff is not allowed to institute the suit without prior notice
and the court is also prohibited from hearing such suit in the absence of the ninety days
notice by the claimant...”

6
See, G.N 515 of 1991
7
Also see, Amuradha Construction Company Ltd vs. Sultan Street Agip Service (1968) E.A 85
Karimjee & Others vs. Commissioner General of Income Tax (1972) HCD
8
See, Section 30(1) of the Civil Procedure Code, Cap 33 of the laws of Tanzania
9
CAP 5 of the laws of Tanzania
10
The High Court of Tanzania at Dar es Salaam, Civil Case No 181 of 2003

6 By; KATABARO, Jackson,

LLM-Taxation (UDSM), LL.B (SAUT) jkatabaro@gmail.com
 VERSION V/February 14, 2015

Nyalali CJ (as he then was)

Arusha Municipal Council vs. Lyamuya “ Non compliance with section 106(1) of the Local Government ( Urban Authorities) Act
Construction Company Limited11 , which requires a one month notice to un urban local authority before instituting a suit
against it, renders a suit unmaintainable” (emphasis supplied)

1.5 Rationale behind the Requirement of Demand Notice

Addressee Rationale
- To create awareness and raise concern of the claims thought
1.5.1 Prospective Defendant by the claimant/prospective plaintiff
- To resolve or else to comply with the demand prior to the
commencement of the proceedings
- To enable the parties to settle civil disputes out of court
proceedings and hence reduce the number of cases to the
courts or tribunal
- It is a preliminary step to alert the prospective defendant to
prepare his case where there is no prior settlement
- The Government is the largest institution with a number of
1.5.2 Government social, economic and political activities. It can not be taken
into court by surprise.
- The requirement of demand notice create awareness to the
Attorney General for the compliance or else prepare the
necessaries for the suit.
- Reduces the number of civil suits to the courts particularly
1.5.3 Courts of law/Tribunals where the claims have been settled prior to the institution of
civil suit.

11
Court of Appeal of Tanzania at Arusha [2004] T.L.R 13

7 By; KATABARO, Jackson,

LLM-Taxation (UDSM), LL.B (SAUT) jkatabaro@gmail.com
 VERSION V/February 14, 2015

1.6 The Language to Be Used In a Demand Notice

Language Addressee Rationale

Where the addressee is the ordinary
1.6.1 Ordinary English/Swahili person, not well equipped with the legal
language and legal knowledge
Where the notice is addressed to the
1.6.2 Legal language/English/Latin maxims learned lawyer or an Advocate who
obvious understand the legal language
including legal axiom terminologies and the
provisions of the cited laws
Where the prospective defendant is the
1:6:3 Other languages national of a given country which make the
use of other language other than
English/Swahili, the notice should be in
specific required language. for example,
Chinese, French, Spanish
- To easy the understanding of the
addressed claims and to influence
compliance of the demand
- It is prudent that, correspondences
between advocates or lawyers be in
legal language to give effect to the
legal principles and the provisions of
the laws
- To easy the understanding of the
addressed claims and to influence
easily compliance of the demand.

1:7 Further Readings

1. B.D Chipeta (2002), Civil Procedure in Tanzania; A students Manual

Dar es Salaam University Press Ltd
2. C.K.Takwani (2011), Civil Procedure, 16th edition, Eastern Book Company Limited

3. Justice P.S.N (2007), Civil Pleadings and Practice, 5th edition, Asia Law House

4. Reuben T.D (2013), “When Does a demand letter becomes extortion?”, Daily Journal (Tuesday April 30, 2013 )

5. Rappaport. B (2008), “How to Write an Effective Demand Letter”, Journal of the Association of legal Writing
Directors, Vol.5

8 By; KATABARO, Jackson,

LLM-Taxation (UDSM), LL.B (SAUT) jkatabaro@gmail.com