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.
Sample of Written statement of defence in Tanzania
IN THE DISTRICT COURT OF TANGA
AT TANGA
CIVIL CASE NO 6 OF 20…
MAZOEA HAMADI……………………………………… PLAINTIFF
Versus
DAUDI HUSSEIN SELEMAN…………………………… DEFENDANT
WRITTEN STATEMENT OF DEFENCE OF THE DEFENDANT
The Defendant above-named states in answer to the Plaint as follows that:
- The contents of paragraphs 1 and 2 of the Plaint are noted.
- The contents of paragraph 3 of the Plaint are denied and the Plaintiff is put to strict proof thereof.
- The contents of paragraph 3 of the Plaint are denied and the Plaintiff is put to strict proof thereof. Defendant contends that on the alleged date of [specific date], Defendant was not present at [the location] as mentioned in the plaint.
- Save that the Defendant admits the accuracy of the date stated in paragraph 4. Further, Defendant denies that any breach of contract occurred as alleged by Plaintiff.
- The contents of Paragraph 5 of the Plaint are denied.
- The contents of Paragraph 6 of the Plaint are denied. The defendant wishes to state that the events described in said paragraph are inaccurately portrayed. Defendant contends that [provide specific details, facts, or arguments to support the denial]. Moreover, Defendant asserts that [further details or circumstances relevant to the denial].
- The contents of Paragraph 7 of the Plaint are unclear and ambiguous.
- 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.
- In the premises and because of the defense written in the statement hereinabove, the amount claimed and the other prayers and/or relief sought by Plaintiff at the end of the Plaint are baseless and should be dismissed in their entirety, with costs awarded against Plaintiff.
WHEREFORE, Defendant prays for dismissal of the suit with costs.
Dated at Tanga this 12 day of 20…
…………………………………………………………………
Defendant
VERIFICATION
I, DAUDI HUSSEIN SELEMAN being the defendant, do hereby verify that what is stated in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 above is true to the best of my knowledge.
Verified at Tanga this……………… day of ………………………….. 20…
_________________________
DEFENDANT
Presented for filing this……………… day of ………………………….. 20…
……………………………………..
REGISTRY OFFICER
Drawn & Filed by:
DAUDI HUSSEIN SELEMAN
KWAKAEZA
TANGA.
Copy to be served upon;
MAZOEA HAMADI
MABAWA
TANGA.
Sample of Written statement of defence in Tanzania pdf
FAQs about written Statement of Defence in Tanzania
When is the Written Statement of Defence filed?
The Written Statement of Defence is typically filed within twenty-one days from the date of service of the summons. See Order VIII Rule 1 of CPC
Can a defendant amend their Written Statement of Defence?
Yes, a defendant is allowed by the court to amend their Written Statement of Defence to correct errors or provide additional information in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for determining the real questions in controversy between the parties. See Order VI Rule 17 of CPC
Is legal representation required for filing a Written Statement of Defence?
No, legal representation is not required for filing a Written Statement of Defence. While it’s not mandatory, having legal representation is advisable.
What happens after the Written Statement of Defence is filed?
Depending on the nature of the case, various things might happen after a Written Statement of Defence is filed, the following are the common ones
1. Plaintiff to file a reply to WSD within 7 days. See Order VIII Rule 13 of CPC
2. Mediation/ First pre-trial settlement. See Order VIII Rule 16 & 17 of CPC
What happens if a defendant fails to file a Written Statement of Defence?
When the defendant fails to file WSD, the following will happens
1. If he fails to file a WSD within 21 days, he may apply for an extension of time within seven (7). See Order VIII Rule 13 of CPC
2. If he fails to file a WSD at all, the case will proceed ex-parte. See Order VIII Rule 14 of CPC
What happens when a defendant files a defective written statement of defence?
When a defendant files a defective Written Statement of Defence, meaning there are errors, omissions, or it does not comply with the required legal standards, the following consequences may arise
1. The court may reject/strike out the defective Written Statement of Defence
2. The court may allow a defendant to amend his WSD.
Read Order VIII Rules 16 & 17 of CPC
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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