20161219 TZHC Dar es Salaam

The suit was struck out because the plaintiffs failed to plead service of statutory notice of intention to sue in the plaint and failed to obtain leave of court to file a representative suit prior to instituting the action, both of which are mandatory legal requirements.

Citation: 20161219 TZHC Dar es Salaam
Parties: Plaintiffs: Said Omar Mbawala, Abdallah S. Mwera, Zenna Mmbrecha, Hadija A. Fanisa, Abdu Haji Dilunga, Saidi Jongo (for themselves and 168 others); 1st Defendant: Kinondoni Municipal Council; 2nd Defendant: Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 December 2016
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: Suit struck out with no order as to costs.
Legal Topics: Representative Suits, Notice of Intention to Sue, Jurisdiction, Striking Out Pleadings
Source Language: English

Civil Procedure Land Law Representative Suits Notice of Intention to Sue Jurisdiction Striking Out Pleadings

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Parties

Said Omar Mbawala, Abdallah S. Mwera, Zenna Mmbrecha, Hadija A. Fanisa, Abdu Haji Dilunga, Saidi Jongo (for themselves and 168 others)

Plaintiffs

Kinondoni Municipal Council

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the suit is maintainable without statutory notice to sue the government and local authority
2 Whether the suit is maintainable without leave to file a representative suit under Order I Rule 8 CPC

Ratio Decidendi

Court Disposition

Suit struck out with no order as to costs.

Orders

Suit struck out for want of compliance with statutory notice and representative suit requirements.
No order as to costs.