THE UNITED REPUBLIC OF TANZANIA
JUDICIARY
IN THE HIGH COURT OF TANZANIA
MBEYA DISTRICT REGISTRY
AT MBEYA
CIVIL CASE ………….. OF 2022
EZEBIO JOSEPHU (as the Administrator of the estate of the late
SILIVIA PETRO):::::::::::::::::::::::::::: PLAINTIFF
VERSUS
MAGINA BUNDALA:::::::::::::::::::::::::::::::::::::::::: DEFENDANT
PLAINT
The above-named plaintiff states that:
1. The Plaintiff is an adult male of sound mind and an administrator of
the estate of Silivia Petro, deceased, and his address for service for
the purpose of this suit shall be in the care of;
Primo Attorneys,
2nd Floor- National Bank of Commerce- Bldg.
Karume Avenue/Kaunda Street,
Box 1988, Mbeya, Tanzania
Email: info@primoattorneys.co.tz
Office No; +255 (0) 25 2500490
Mob No: +255763436857
2. The Defendant is the owner of the mining center located at Itumbi
Village, Chunya district in Mbeya region and his address for the
purpose of this suit shall be pointed out by the court process server.
3. That, the Plantiff claims against the Defendant for the general
damages to the tune Of TZS 1,000,000,000/= (Say one billion
shillings only), interest at court rate per annum from the date the
cause of action arose to the date 0t judgment, interest at commercial
rate of 21% of the decretal Sum from the date of judgment to the
date of payment and costs of this suit.
4. That, at all material times, the Defendant owns and operates a
mining center at Itumbi Village in Chunya district, Mbeya region in
which he conducts mining activities in that area.
5. That, on the 12th February, 2022 one Sivilia Petro, the deceased
while in her normal routine of supplying food staff to employees of
the Defendant at the mining area felt into the mining halls causing
her death instantly.
6. That, accident was reported to Chunya Police Station and the same
opened
an
investigation
case
with
reference
number
CH/RB/226/2022.
7. That, the body of the deceased was then medically examined kept to
Chunya district hospital for further burial processes. (Leave of this
honourable court is craved to attach the said certificate of death
as marked L-1 to form part of this Plaint)
8. That the first Defendant was arrested and investigation is ongoing
henceforth, the police force are still framing criminal charges against
him.
Particulars of negligence on the part of the Defendant
i. Failure to keep any or any proper look out or to have any
sufficient regard for other lawful users of the mining area
generally and the deceased in particular.
ii. Failure to protect and repair any broken or rotten areas in the
mining so as to avoid the said accident.
iii.
Failing to adhere to the safety measures in mining areas so
as to avoid accidents.
9. That. the death of the Victim one Silivia Petro, was a direct
consequence of the accident in question caused by the negligence
of the Defendant who carelessly, negligently and/ or recklessly did
not take all safety measures in his mining area.
10. That, the above act of the Defendant has caused measurable loss
and general damages to the children, husband and relatives (family)
of the deceased.
Particulars of general damages;
a. The family of the deceased is entitled to compensation for the
loss of love. Affection, companionship, care, protection, and
guidance as a result of the death caused by negligence of the
Defendant.
b. The family is further entitled to compensation for the pain,
grief, sorrow, anguish, stress, shock, and mental suffering
already experienced, and reasonably probable to be
experienced in thefuture.
c. The deceased was only 42 years old and a food vender at
time of her death hence the family depended on her in daily
bread.
11. That, despite demand having been made and notice of intention to
Sue having been given. the Defendant have failed, refused, and/or
neglected to settle the Plaintiff claim or any part thereof or at all
thereby rendering this Suit necessary. (Copy of the demand tetter
Is annexed herein and marked as L-2 and leave Of this Court is
craved for it to form part of this plaint).
12. That, the Plaintiff institutes this suit as an administrator of the estate
of the late Silivia Petro dully appointed. (Copies of letter of
appointment are annexed herein and marked as L-3 and 'eave
Of this Court is craved for it to form part of this plaint).
13. That. the cause of action arose in Mbeya and the orders sought are
within the jurisdiction of this honourable Court
WHEREFORE the Plaintiff prays for judgment and decree against the
Defendant as follows:
(i) Payment of general damages to the tune of Tshs.
1,000,000,000(say Tanzanian One Billion shillings only).
(ii)Interest at court rate per annum from the date the cause of
action arose to the date of judgment.
(iii)
Interest at commercial rate of 21 % of the decretal Sum
from the date of judgment to the date of payment.
(iv)
Costs of this suit.
(v) Any further orders and relief(s) as this honorable Court may
deem fit and just to grant
Dated at Mbeya on this 31st May, 2022
_____________________
PLAINTIF
_________________
PLAINTIFF’S COUNSEL
VERIFICATION
I, Ezebio Josephu, the Plaintiff herein do hereby verify that what has been
stated in pararaphs 1, 2, 3,4 ,5 6, 7, 8, 9, 10, 11, 12 and 13 hereinabove are
true according to my own knowledge.
Dated at Mbeya on this 31st May, 2022
________________
PLAINTIFF
Presented for filing this
day Of ………………, 2022
………………………..
Registry Officer
DRAWN & FILED BY:
Hasan Gyunda - Advocate
Primo Attorneys,
2nd Floor- National Bank of Commerce- Bldg.
Karume Avenue/Kaunda Street,
Box 1988, Mbeya, Tanzania
Email: info@primoattorneys.co.tz
Office No; +255 (0) 25 2500490
Mob No: +255763436857
COPY TO BE SERVED UPON:
Magina Bundala
Itumbi village,
Chunya district,
Mbe