Sample plaint for breach of contract


Breach of contract is among the popular claim in civil cases

Here I will share with you a sample plaint for breach of contract to help you understand how to present any breach of contract claim before the court properly.

PS: if you want to learn more about plaint read here

PPS: if you want to learn more about pleading in general read here

Sample plaint for breach of contract

IN THE HIGH COURT OF TANZANIA

LAND DIVISION

AT DAR ES SALAAM

LAND CASE NO……. OF 2022

A SON OF B…………………………………..…… PLAINTIFF

VERSUS

BBA BANK  …………………………………DEFENDANT

PLAINT

The above-named plaintiff states as follows: –

 

That the Plaintiff is a business person who owns different business entities, and lives sometimes in Makambako Njombe Iringa and sometimes in Dar es salaam and his address of service for the purpose of this suit is in the care of:

GOODLIFE & CO. ADVOCATES

NIC- LIFE HOUSE BUILDING

1ST FLOOR WING ‘C’

SOKOINE DRIVE/OHIO STREET

P.O. BOX 20211

DAR ES SALAAM.

That the defendant is a limited liability company incorporated by virtue of the provisions of Cap 212 of the laws and is dealing with the business of savings and finance and its address of service for the purpose of this suit is in the care of: –

THE MANAGING DIRECTOR,

BBA BANK

P.O. BOX 111

DAR ES SALAAM

That the plaintiff’s claim against the defendant is for payment of Tshs. One Hundred Million (Tshs. 100, 000, 000/=) as damages resulting from the defendant’s unlawful keeping of the plaintiff’s collaterals for more than seven months after the payment of the loan was over and without justifiable reasons.

That the plaintiff entered a credit facility with the defendant for a loan and pursuant to the said agreement the plaintiff had mortgaged as collateral a house on Block “E”, Plot No. 11 with Title No. 2021.

Copies of the said agreement and the said title of the mortgaged collateral are annexed and marked as “AB-1”and “AB-2”respectively and leave of court is craved to form part of this plaint.

That during the currency of the contract there arouse some problems on how the repayment of the same be done such that the defendant in February 2021 filed a civil case No. 10 of 2021 claiming for payment of Tshs. 34.0 Million as an overdraft with an interest at the bank rate. The plaintiff countered the same with a claim to be paid Tshs. 200.0 Million.

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A copy of the said plaint together with a counterclaim is annexed and collectively marked as “AB-3 (a) & (b)” and leave of court is craved to form part of this plaint.

That on the 30th day of June 2021 the plaintiff had fully paid the outstanding overdraft after a court through consent settlement order had been ordered that the plaintiff’s hotel pay the defendant bank a total of Tshs. 25.0 million without interest at the monthly installment of Tshs. 1, 388, 880 per month commencing on March 2021. And the defendant’s bank acknowledged repayment of the said overdraft facility through a letter with reference IR/8/OD/37/97/98 dated 30th day of July 2021.

A copy of the said confirmation letter from the defendant bank is annexed and marked as “JJ-4” and leave of court is craved to form part of this plaint.

That pursuant to the said final repayment of the credit facility the plaintiff’s collateral was neither returned to the plaintiff nor was there any justifiable causes to retain the same by the defendant. Despite the fact that on the 8th day of October 2004 through a letter with reference No. 3387/801/000/Vol.21, the defendant company informed the plaintiff that the bank discharged the securities and handed over to the plaintiff the original title deed together with dully executed discharge forms, the same is totally denied by the plaintiff and is contradicted by the letter from the same defendant bank dated 29th day of January 2022 with reference IR/08/OD/37/97/116 which also stated about handing over the plaintiff with original certificate of title No. 2878- MBYLR.

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Copies of the said letters are annexed and marked as “AB-…(a) and (b)“ and leave of court is craved to form part of this plaint.

That due to the said final repayment of the credit facility loan as stated under paragraphs 7 and 8 above, on the 19th day of August 2004 through a letter with reference No. MHS/GHS/MD 01/01/04, the plaintiff decided to request for another credit facility loan to the defendant bank but the same proved failure on the fact that the defendant bank through its letter with reference No. 3387 801 000 Vol. 21 dated the 1st day of September 2022, had declared the plaintiff or any related entities not creditworthy before it as the previous credit loan facility as stated under paragraph 4 above was repaid through a court process.

A copy of the said not-credit-worthy letter from the defendant is marked as “AB-5” and leave is craved to form part of this plaint.

That on several dates to wit the 9th day of September 2022, the 1st day of October 2022, the 19th day of October 2022, and on the 25th day of October 2022, the plaintiff had tried her level best to request of her unlawful withholding of the plaintiff’s collateral from the defendant company but the defendant has ignored and or neglected to heed to the same.

That on the 9th day of October 2022 and on the 1st day of November 2022 the defendant company through its letters with reference IR/8/OD/37/97/105 and IR/08/OD/37/97/110 respectively ordered the plaintiff to pay for consent fee and stamp duty day of November 2022 the defendant bank through its letter with reference IR/08/OD/37/97/110 ordered the plaintiff to pay Tshs. 10, 000. 00 as stamp duty fee, and the plaintiff consented to the same as evidenced by his letters dated the 27th day of October 2022 and the 16th day of November 2022 with references: MHS/GHS/MD 01/05/04 and MHS/MD 01/06/04 respectively.

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That the plaintiff being a businessman and having different business entities as also admitted by the defendant bank through its letter while declaring that the plaintiff and any of its entities are not creditworthy, used the said title deed for different business transactions such as a security for credit facility loan to run his businesses.

That the plaintiff has suffered general damages due to the said unlawful withholding of the title deed by the defendant bank amounting to shillings One Hundred Million (Tshs. 100, 000, 000/=).

That the cause of action arose at Dar es salam/Iringa respectively and the sum claimed is well within the jurisdiction of this Honourable court.

WHEREFORE the plaintiff prays for judgment and decree against the defendants as follows:-

  1. Payment of shillings One Hundred million (Tshs. 100,000,000/=) as general damages.
  2. Payment of interest at 12% courts rate from the date of judgment till full payment.
  3. The defendant be condemned for the costs of this suit and,
  4. Any other relief(s) that this honorable court may deem just and fit to grant.

Dated at Dar es Salaam this ………. Day of …………… 2022

___________

PLAINTIFF

VERIFICATION

I, A SON OF B verify that all that is stated hereinabove under paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 are true to the best of my own knowledge.

Dated at Dar es salaam this ………. Day of …………… 2022

  ___________

PLAINTIFF

Present for filing this …… day of ……………….. 2022

____________________

REGISTRY OFFICER

COPY TO BE SERVED UPON:

THE MANAGING DIRECTOR,

BBA BANK

P.O. BOX 111

DAR ES SALAAM

DRAWN AND FILED BY

GOODLIFE & CO. ADVOCATES

NIC- LIFE HOUSE BUILDING

1ST FLOOR WING ‘C’

SOKOINE DRIVE/OHIO STREET

P.O. BOX 20211

DAR ES SALAAM.

Isack Kimaro

Editor-in-chief and founder of sherianajamii.com. Holder of Bachelor of Laws (LL.B) from Mzumbe University and Post Graduate Diploma in Legal Practice from the Law school of Tanzania. Lawyer by profession and blogger by passion.

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