WRITTEN STATEMENT OF DEFENCE
This
is a pleading by the defendant answering the claims on a plaint. The Written
Statement of Defence is normally issued after the plaint and summons to appear
or summons to file written statement of defence have been issued to the defendant.
Order VIII rule 2
states that all facts that the plaintiff suit is not maintainable or the
transaction is void or voidable in point of law. Rule 3 also requires the defendant to deny specifically and
separately with the alleged facts, this is normally done in paragraphs and as a
general rule each allegation in the plaint has got to be stated in the Written
Statement of Defence. Furthermore that law requires every allegation from the
plaint to be answered and if the defendant does not answer such allegation the
Court presumes that the defendant has admitted them unless there is a
disability as provided under Rule 5 of
Order VIII of the Civil Procedure Code, Cap. 33. R.E. 2002.
Each
paragraph of the plaint should be denied separately such as paragraph (1) and
(2) are noted because these are normally addresses, paragraph (4) is denied
because the debt was fully paid without any default. And so on and so forth as
the plaint may be.
Written
statement of defence is provided in three copies that is one is served to the
Court that ordered it to be written, another copy to the plaintiff while the
other remains to the defendant.
It
should also be noted that there is fee normally charged by the Court for these
documents
THIS IS AS PER THE TANZANIA CIVIL PROCEDURE CODE
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