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IN THE HIGH COURT OF TANZANIA

(LAND DIVISION)

AT MOSHI

LAND CASE NO. 9 OF 2006

FIONA (T) LIMITED …………………………….. PLAINTIFFS

VERSUS

SHILVERDALE (T) LIMITED ………………….………1ST DEFENDANTS


DAVID STEWART MIDDLETON …………… ………2ND
DEFENDANT

AMENDED PLAINT
(Pursuant to this Hon. Court’s Order dated 30th July 2007)

The Plaintiffs above named state as follows: -

1.0 That, the Plaintiffs are a body corporate duly registered


and carrying on business in Tanzania, with their registered
office in Moshi Municipality. Their address for purposes of
service in this suit is in the car of

Tadayo & Co. (Advocates),


G.A.K. – 4th Floor,
Off. Maktaba Street,
Dar es Salaam

2.0 That, the 1st Defendants are also a body corporate duly
registered and carrying on business in Tanzania.i

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3.0 The 2nd Defendant is a natural person, British Citizen
currently resident in Moshi. He is also a Director and
Shareholder of the 1st Defendants. Both 1st and 2nd
Defendants’ address for purposes of service in this suit is
in the care of::-

LAW associate (Advocate),


CRDB Building, 6th Floor,
Azikiwe Street,
P. O. Box 11133,
Dar es Salaam

4.0 That, the Plaintiffs’ claim against the Defendants jointly


and severally is for a declaration that the Defendants are in
breach of a Deed of Assignment of a Lease Agreement
dated 20th May 2004 over the Land, namely Silverdale and
Mbono Estates.

5.0 That, by virtue of a Lease Agreement between the Plaintiffs and


Messrs Kyeeri Rural Co-operative Society Ltd, Shari Rural Co-
operative Society Ltd and Uswaa/Mamba Rural Co-operative
Society Ltd. the Plaintiffs are owners of Silverdale and Mbono
Estates for a periodic Lease of 60 years with effect from the 1 st
day of January 1999.

A copy of the Lease Agreement is appended hereto and


markedii “Annexture F-1” for which leave is hereby
craved to refer to as part of this Amended Plaint.
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5.0 That, pursuant to the said lease, the Plaintiffs executed a Deed of
Assignment with the first Defendants by which the first

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Defendants took over the interests and obligations of the
Plaintiffs in the Lease Agreement.

A copy of the Deed of Assignment is appended hereto and


marked “Annexture F-2” which leave is hereby craved to
refer to as part of this Amended Plaint.

7.0. That, apart from the general and implied obligations of a


Lessee, the Defendants were enjoined to specifically
observe and discharge obligations set out under paragraph
5 of the Lease Agreement, Annexture F-1 hereinabove.

8.0 That, the Defendants have been in continuous breach of


the Deed of Assignment such that on 24th of June 2005, the
Co-operative Societies namely, Kyeeri, Shari and
Uswaa/Mamba carried out an inspection which revealed
total failure by the Defendants to discharge their
obligations under the Lease.

A copy of a letter dated 15th May 2006 addressed to the


Plaintiffs clearly pointing out particulars of the breach is
appended hereto and marked “Annexture F-3” for which
is leave is hereby raved to refer to as part of this Amended
Plaint.

9.0 That, the Plaintiffs promptly informed the Defendants on


the breach committed and advised them to rectify the
same in accordance to the contests of “Annexture F-3”
above.

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A copy of a letter from the Plaintiffs to the Defendant
attesting to this fact is appended hereto and marked
Annexture F-4” for which leave is hereby craved to refer to
as part of this Amended Plaint.

10.0 That, it was made clear under “Annextures F-3 and F-4”
above that the breach was to be rectified within two
months but the Defendants have refused and/or neglected
to discharge their contractual obligations despite repeated
demands from the Plaintiffs.

11.0 That, in furtherance of unlawful acts, the 2nd Defendant has


in several occasions attempted to use the Deed of
Assignment and interests therein for purposes other than
those contracted for, thereby creating a situation which
words out against the interest of the Plaintiffs and those of
the Co-operative Societies.

Copies of two contradicting Public Notices resulting from


such acts of the 2nd Defendant are appended hereto and
collectively marked “Annexture F-5” for which leave is
hereby craved to refer to as part of this Amended Plaint.

12.0 The Plaintiffs state that the forgoing acts by the


Defendants are a blatant breach of the Deed of
Assignment (Annexture F-2) and therefore the
Defendants’ possession and occupation of Silverdale and
Mbono Estates in unlawful.

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13.0 That, this is a land dispute arising in Kilimanjaro Region
and basing on the value of the subject matter this
Honourable Court has Jurisdiction.

WHEREFORE the Plaintiffs pray for Judgment and Decree as follows:-

i) A Declaration that the Defendants jointly and


severally are in breach of the Deed of Assignment
dated 20th May 2004.
ii) An Order that the Defendants give vacant
possession of Silverdale and Mbono Estates to the
Plaintiffs.
iii) General Damages to be assessed by t he Court.
iv) Costs of the suit.

Dated at Moshi this …………… day of …………………….. 2007

………………………………………………….
RINCIPAL OFFICESR OF THE
PLAINTIFFS ABLE TO DEPONE TO
FASCTS OF THE CASE,

VERIFICATION

WHAT IS STATED under paragraphs 1, 2, 3, 4, 5, , 7, 8, 9, 10,


11, 12, and 13 hereinabove is true to the best of my knowledge

Dated at Moshi this ……….. day of ……………………. 2007-09-05

……………………………………………….
PRINCIPAL OFFICER OF THE
PLAINTIFFS ABLE TO DEPONE TO

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THE FACTS OF THE CASE.

Presentd for filing this ………….. day of …………………….. 2007-09-05

_____________________________
REGISTRY OFFICER

Drawn and Filed by:-

Tadayo & Co. (Advocates),


G.A.K. PATEL building – 4th Floor,
Off. Maktaba Street,
P. O. Box 12275,
Dar s Salaam

Copy to be served upon:-

Law Associate (Advocate),


CRDB Building, 6th Floor,
Azikiwe Street,
P. 11133,
Dar es Salaam

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