Statement of Claim (small claim).

THE UNITED REPUBLIC OF TANZANIA

JUDICIARY

 

IN THE DISTRICT COURT OF NYAMAGANA

AT MWANZA

 

SMALL CLAIM CASE NO 10 OF 2024

 

JOHNSON YESAYA MGELWA…………………………. CLAIMANT

VERSUS

ISHAI GROUP………………………………………..... RESPONDENT

 

STATEMENT OF CLAIM

(Made under rule 5(1), (2) and (3) of the Magistrates’ Courts (Small Claims Procedure) Rules, GN No. 159 of 2023)

1.         Name in full

Johnson Yesaya Mgelwa………………………………………………………………. Claimant

Legal status of the claimant (tick whichever is appropriate)

☑ Natural person

□ sole proprietorship

□ partnership

□ company

□ cooperative society

□ Government

□ others (specify)………………………………………………………………………….

 

Residential address

Sakina, House No 203, Plot No. 1256 Arusha, Tanzania.

Business and postal address

Mafao House, Second Floor, Room No. 7, Postal Box 1254, Njiro, Arusha, Tanzania.

Post code

12707.

Phone number

+255 712 345 670

Email address

yesaya@yahoo.com

 

2.         Name in full

Ishai Group…………………………………………………………………. Respondent

Legal status of the respondent (tick whichever is appropriate)

□ Natural person

□ sole Proprietorship

□ partnership

☑ company

□ cooperative society

□ Government

□ others (specify)…………………………………………….

 

Residential address

Non.

Post code

90457

Phone number

+255 765 432 109

Business and postal address

Flop Tower, Second Floor, Room No. 17, Postal Box 3490, Nyamagana, Mwanza, Tanzania.

Email address

info@sfprinters.co.tz

 

3.         Nature of the claim and cause of action (tick whichever is appropriate)

□ Recovery of civil debts

□ Interests due to the Government under any judgment and written law

☑ Recovery of any civil debt arising out of contract

□ Any other cause of action (briefly specify) ………………………………………………………

 

4.         Date of cause of action: 28th March 2024

 

5.         Briefly explain the circumstances under which the claim arose and attach documents in support of your claim (if any).

 

In March 2024, the claimant, Johnson Yesaya, received an order from JKF Schools for 2000 bags of 10Kg maize flour. Due to a shortage of packaging bags, He placed an order with Ishai Group in Mwanza for the required bags at a cost of Tsh. 35,000,000/=. Both parties agreed that the bags would be delivered to Arusha by 28^th March 2024. However, the bags did not arrive on time, and upon further investigation, it was discovered that the delivery truck had met with an accident and the goods were lost. As a result, Johnson had to procure the bags from another supplier at a higher cost of Tsh. 45,000,000/= to fulfill her contractual obligation to JKF Schools. This claim seeks recovery of the additional costs incurred due to Ishai Groups’ failure to deliver the packaging bags as agreed.

 

6.         Reliefs sought; (tick whichever is appropriate)

☑ Judgement in the sum of Tshs 45,000,000/=

□ Compensation

□ Costs of the claim (to be assessed by the court)

□ Other appropriate reliefs (briefly explain) ……………………………………………….

 

7.         Fill this part if the amount claimed exceeds the amount of the small claim.

By filing this claim, I Johnson Yesaya Mgelwa (the claimant) hereby abandon and forfeit the recovery of all sums in excess of Tshs 45,000,000/=, excluding costs and interest.

 

………………………

signature of claimant

VERIFICATION

I verify that the information given above is true.

………………………

signature of the claimant

Verified at Arusha this 22^nd day of May 2024.

………………………

signature of the claimant

Presented for filing this 22^nd day of May 2024.

signed …………………………….

registry officer