Written statement of defense (guide + samples)

Here you will find two samples of the Written Statement of Defence (WSD).

One is a normal Written Statement of Defence and another is a Written Statement of Defence with Preliminary Objections.

Before going to the sample I will first share with you the basic insights as far as WSD is concerned.

Written Statement of Defense Meaning

A written statement of defense is a written statement by a defendant formally admitting or denying the facts on which the plaintiff’s claim is based and the material facts on which the defendant intends to rely on in his/her defense of the suit. In very simple terms, WSD is a reply to the Plaint/ complaint

Contents of a Written Statement of Defense

A written statement of defense must contain the following;

1. The name and place of the court in which the suit has been filed.
2. The name of the parties
3. Case number
4. Title of the document example; WRITTEN STATEMENT OF DEFENCE OF THE DEFENDANT
5. A statement in the concise form of the material facts on which the defendant relies on his defense but not the evidence by which he intends to prove those facts.
6. A prayer that the suit be dismissed struck out, etc depending on the case.
7. verification clause.
8. Signature of the defendant or his representative.
9. Signature of the court registry officer
10. Stamp of the court.

Things to consider when drafting a written statement of defense

It should be noted that before you respond to a plant you must observe the following;

1. You must be certain that you have clearly understood the content and form of the Plaint.
2. You must be certain of the nature of the claim and its legal basis of it.
3. You must examine whether you are in a position to respond and raise any preliminary objection.
4. You must observe whether the plaint has any course of action.
5. You must consider whether you have any difference to the allegation raised by the plaintiff’s plant.

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Is it must to file a written statement of defense?

Though it is not a must, the legal Effects of not filing a Written Statement of Defense may include that; the court will proceed to hear the case ex-parte and provide an ex-parte judgment. which will bind the defendant. Further, failure to reply to the matters alleged in the plaint may render the particular facts of the plaint to be admitted

what happens when you file a defective written statement of defense?

The effects of filling the defective written statement of defense include that; the court may order the defendant to amend any defect and refile the written statement of defense afresh. A written statement of defense may become defective when it violates the relevant provisions of the law that governs pleadings. For example, when the written statement lacks a verification clause.

Sample of Written Statement of Defence

IN THE HIGH COURT OF TANZANIA

(LAND DIVISION)

LAND CASE NO……OF …………

AT DAR ES SALAAM

between

BDC _______________ Plaintiff

And

ASC CO LTD _______________ Defendant

WRITTEN STATEMENT OF DEFENCE OF THE DEFENDANT

The Defendant above named states in answer to the Plaint as follows that:

1.The contents of paragraphs 1 and 2 of the Plaint are noted.

2. The contents of paragraph 3 of the Plaint are denied and the Plaintiff is put to strict proof thereof. The Defendant wishes to state that…………………………

3. Save that……………………. the contents of paragraph 4 are denied. Further, Defendant denies that………………………….. The plaintiff is put to strict proof.

4. The contents of Paragraph 5 of the Plaint are denied.

5. The contents of Paragraph 6 of the Plaint are denied. Defendant wishes to state that………………………………………….

6. The contents of Paragraph 7 of the Plaint are denied. Defendant wishes to reiterate that…………………………………..

7. In further answer to the said paragraph, the Defendant annexes hereto marked Annexure NC-2 copy of……………………………………..

8. The contents of Paragraph 8 of the Plaint are denied.

9. The contents of Paragraphs 9 and 10 of the Plaint are noted.

10. As regards paragraph 11 of the Plaint the Defendant denies……………………….

11. The contents of Paragraph 12 of the Plaint are unclear and ambiguous.

12. The contents of paragraph 13 are unclear as the same does not state………………..

13. The contents of paragraph 14 of the Plaint are noted.

14. The contents of Paragraph 15 of the Plaint are denied.

15. The jurisdiction of this Honorable Court is noted.

16. Save as otherwise admitted hereinabove, Defendant denies every allegation of fact and law raised in the Plaint as if the same had been specifically set out herein and traversed seriatim.

17. In the premises and by reason of the defense written in the statement hereinabove, the amount claimed and the other prayers and/or relief sought by the Plaintiff at the end of the Plaint are baseless and should be dismissed in their entirety, with costs awarded against the Plaintiff.

WHEREFORE, Defendant prays for dismissal of the suit with costs.

Dated at Dar es Salaam this _____ day of…………………..

___________________________

Principal Officer of the Defendant able to depose on the facts of the case

VERIFICATION

I,…………….being the Manager, Commercial and Finance, do hereby verify that save for paragraph 15 which is based on advice received from……………., one of the Advocates of………………which I verily believe to be true, what is stated in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 13, 14, 16 and 17 above is true to the best of my knowledge.

___________________________

Principal Officer of the Defendant able to depose on the facts of the case

Presented for filing this ______ day of…………20…

_____________

Registry Officer

DRAWN AND FILED BY:

AAA Advocates,

9th Floor YYY Tower,

P. O. Box……….,

DAR ES SALAAM

COPY TO BE SERVED UPON:

A & Co.,

Advocates

3rd Floor, BBB Towers

P. O. Box…………….

DAR ES SALAAM

Read also

• Reply to the written statement of defense (sample)
• memorandum of Appeal Sample
• Sample reply to the memorandum of appeal
• Sample of chamber summons supported by an affidavit
• Sample of Certificate of Urgency
• Sample of the Third-party notice

Sample of  Written Statement of Defence  with Preliminary Objection (P.O)

IN THE DISTRICT COURT OF …………………….

AT …………………………

CIVIL CASE NO. .. OF 20…

ABC……………………………………………..……. PLAINTIFF

VERSUS

DEF…………..……………………………….………DEFENDANT

NOTICE OF PRELIMINARY OBJECTION

TAKE NOTICE that on the first day of hearing of this suit the Defendant herein will raise and argue a preliminary objection in limine litis to wit

1. That the Plaint does not disclose any cause of action.

WRITTEN STATEMENT OF DEFENCE:

IN THE ALTERNATIVE BUT WITHOUT PREJUDICE to what is stated hereinabove, the Defendants state as hereunder.

1.That the contents of paragraph 1 of the plaint are noted

2. That the contents of paragraph 2 of the plaint are partly noted and partly disputed. The defendant avers that he resides and works for gain within …………… district and his address for service for the purpose of this suit shall be in the care of Xyz ATTORNEYS …………….., 22nd Floor P.O.Box ……………………………

3. That paragraph 3 is partly noted and partly disputed. The defendant avers that the plaintiff does not have any claim against the defendant and further that the defendant has never caused any damage to the plaintiff’s farm. The plaintiff is put to strict proof of his allegations.

4. That the contents of paragraph 4 of the plaint are disputed. The defendant avers that there has never been a time when his cattle either trespassed or damaged any crops on the plaintiff’s farm. The plaintiff is put to the strictest proof of his allegations.

5. Paragraph 5 of the plaint is disputed. The defendant avers that matters contained therein are extraneous and irrelevant. The plaintiff is put to the strictest proof of his allegations.

6. Save as aforesaid, the defendant denies each allegation in the plaint as though the same were set out herein and traversed specifically

WHEREFORE, Defendant prays that the suit be dismissed with costs

Dated at……………this …………….. day of………..…, 20…

………………..

DEFENDANT

VERIFICATION

All that is stated from paragraphs 1,2,3,4,5, and 6 are true to the best of my own knowledge

…………………..

DEFENDANT

Presented for filing this ………… day of ……., 20…

………………………..

REGISTRY OFFICER

COPY TO BE SERVED UPON:

PLAINTIFF

DRAWN AND FILED BY:

……………………….

ADVOCATE

XYZ ATTORNEYS