20060601 TZCA Dar es Salaam
The law in Tanzania requires leave to sue in representative capacity to be obtained before filing a suit, but the novel argument for developing the law warrants consideration in an intended appeal.
- Citation
- 20060601 TZCA Dar es Salaam
- Parties
- Applicant: Kamuti Kamwego and Others; Respondent: Tanzania Zambia Railway Authority
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 June 2006
- Procedural Posture
- Civil Reference / Reference From Single Judge's Ruling Refusing Leave to Appeal
- Outcome
- Reference allowed with costs
- Legal Topics
- Representative Suits, Leave to Sue, Procedural Requirements
- Source Language
- English
Case Brief
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Parties
Kamuti Kamwego and Others
Applicant
Tanzania Zambia Railway Authority
Respondent
Procedural Posture
Civil Reference / Reference From Single Judge's Ruling Refusing Leave to Appeal
Legal Issues
- 1 Whether leave to sue in representative capacity can be obtained after filing a suit under Rule 8 Order 1 of the Civil Procedure Code, 1966
- 2 Whether the law should be developed to allow post-filing leave as in India
Ratio Decidendi
The law in Tanzania requires leave to sue in representative capacity to be obtained before filing a suit, but the novel argument for developing the law warrants consideration in an intended appeal.
Court Disposition
Reference allowed with costs
Orders
- Applicant granted leave to argue the novel point in the intended appeal
Full Case Text
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