Here you will learn everything you need to know about the Written statement of defence in Tanzania.
Specifically, I will cover
- what is a written statement of defence (WSD)
- The law governing WSD in Tanzania
- Contents of WSD
- How to draft an effective WSD
- sample of Written statement of defence in Tanzania
- etc
Let’s get started
Table of Contents
What is a Written statement of defence?
A Written Statement of Defence refers to a legal document (technically known as a pleading) filed by a defendant in response to a plaintiff’s claim in a civil case.
When a plaintiff initiates a legal action by filing a plaint against someone (the defendant), the defendant is allowed to respond to the allegations made in the plaint.
The Written Statement of Defence is the formal written document through which the defendant presents their side of the case.
It typically includes a point-by-point response to each allegation made by the plaintiff, stating whether the defendant admits, denies, or is unable to admit or deny each specific claim.
The law governing WSD in Tanzania
The law governing the written statement of defense in Tanzania is Order VI and Order VIII the Civil Procedure Code (CPC), Chapter 33 as amended from time to time.
Where Order VI mention the WSD as a pleading and provides for the general rules for pleadings (service, amendment, etc) while Order VIII provides for specific rules governing written statement of defence including (contents, time to file etc.)
Contents of WSD
According to Order VIII Rule 2 of CPC, A written statement of defense must contain the following;
- The name and place of the court in which the suit has been filed.
- The name of the parties
- Case number
- Title of the document example; WRITTEN STATEMENT OF DEFENCE OF THE DEFENDANT
- 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.
- A prayer (what do you want a court to do for you) example the suit be dismissed, costs, etc.
- verification clause.
- Signature of the defendant or his representative.
- Signature of the court registry officer
- Stamp of the court.
How to draft an effective written Statement of defence in Tanzania
Drafting an effective Written Statement of Defence in Tanzania, or in any legal jurisdiction, requires careful attention to detail, knowledge of the relevant laws, and strategic planning.
Here are guidelines to help you draft an effective Written Statement of Defence:
- Title:
- Start with the name of the court.
- Reference the case number and parties involved.
- Include the heading
- Write the heading i.e WRITTEN STATEMENT OF DEFENCE OF THE DEFENDANT
- Opening statement
- write an opening statement i.e The Defendant above-named states in answer to the Plaint as follows that:
- Response to Plaintiff’s Allegations in Each Paragraph:
- By using numbered paragraphs, acknowledge the points in Plaintiff’s plaint that are accepted.
- Deny the allegations that are disputed and request proof from the Plaintiff.
- Prayer for Relief:
- Request the court to dismiss the suit with costs.
- Ask for any other relief that might be relevant to your case
- Verification:
- Include a verification section
- Sign and date the verification section.
- Add a section for a court clerk or registry officer to date and sign.
- Indicate who drew the WSD and to whom copies should be sent.
- Specific Denials and Counterarguments:
- Provide specific details, facts, or arguments to support the denials.
- Address inaccuracies or misrepresentations in the Plaintiff’s claims.
- Review and Edit:
- Review the statement for accuracy, coherence, and completeness.
- Make any necessary edits before filing.
Things to Consider When Drafting a Written Statement of Defense:
- Understanding the Allegations:
- Thoroughly review the plaint to understand the allegations raised.
- Legal Basis:
- Identify the legal basis for your defense, whether it’s contractual, factual, legal, or procedural.
- Evidence and Facts:
- Gather and organize all relevant evidence, documents, and facts that support your defense.
- Specificity:
- Be specific in your denials and counterarguments, addressing each allegation individually.
- Accuracy:
- Ensure that all statements made in your defense are accurate and supported by evidence.
- Clarity and Conciseness:
- Clearly articulate your points in a concise manner to avoid ambiguity or confusion.
- Professional Language:
- Use professional and respectful language throughout the document.
- Legal Precedents:
- Consider relevant legal precedents or case law that support your defense.
- Timeliness:
- Ensure that the WSD is filed within the specified deadline set by the court.
- Compliance:
- Adhere to all legal requirements, formatting guidelines, and procedural rules when drafting the WSD.
- Objectivity:
- Maintain objectivity and focus on the facts and legal arguments rather than emotions or personal opinions.
By considering these factors and addressing them in your written statement of defense, you can present a strong and effective defense in response to the Plaintiff’s claims.
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I am very thankful to have you shared tremendous practical legal knowledge to us. I appreciate. I further wish to have a means of raising preliminary point of objection in the WSD. Thanks
Mulaki , thanks for your feedback. You can check how to raise PO in WSD here https://sherianajamii.com/written-statement-of-defence#Sample_ofnbspnbspWritten_Statement_of_Defencenbsp_with_Preliminary_Objection_PO