CONTENT OF A PLAINT IN TANZANIA CIVIL SUITS

PLAINT

The requirement of the requires the aggrieved party whose right has been infringed to prepare the document known as a plaint that establishes his or her claim. This is provided under Order IV rule 1 of the Civil Procedure Code, Cap. 33 R.E. 2002. 

The paint should bare the following information as prescribed under Order VII of the Civil Procedure Code.

Th plaint should contain the following particulars :-

The name of the Court which the suit is brought,

The name of the plaintiff, his description and his place of residence.

The name of the defendant, his description and his place of residence so far as they can be ascertained.

where the plaintiff or the defendant is a minor or a person of unsound mind there must be a statement to that effect.

The fact constituting the cause of action and where it a rose:

The fact  showing that the Court has jurisdiction.

The relief claimed by the plaintiff . 

Where a plaintiff has allowed a set off or relinquished a portion of his claim, the amount so allowed is relinquished and a statement of the value of the subject matter of the suit for the purpose of jurisdiction and of Court fees, so far as the case admits.

The facts of the case will definitely show cause of action and towards the end of the plaint there should be a statement that a claim has been made and the defendant has refused to accede it.

In case the plaintiff is to rely on any document as an evidence to support his claim, he shall enter that document to the list to be added to the plaint as provided under rule 14(2) of Order VII of the Civil Procedure Code.

There should be a separate paragraph to show that the Court has jurisdiction followed by prayer for relief.

After prayer for relief there comes signature of the plaintiff or any person permitted by law.

There after comes a verification which is signed at the foot by the party or one of the parties or by some other person proved by the court to be acquainted with the facts of the case as stipulated under rule 15 (2) of Order VI OF the Civil Procedure Code.

It should be noted that the body of the plaint should be divided in paragraph and consecutively numbered. It is also a practice that the plaint is printed on paper known as legal papers which are green in colour. Three copies are always made that is one goes to the Court with jurisdiction, the other to the defendant and one remains to the plaintiff