abillahi rashidi sadi another vs kibaha district council another 2023 tzhclandd 58 28 february 2023

Applicants have demonstrated that 97 villagers share the same interest in the subject matter and have authorized the applicants to represent them, fulfilling the requirements of Order 1 Rule 8 CPC.

Citation: abillahi rashidi sadi another vs kibaha district council another 2023 tzhclandd 58 28 february 2023
Parties: Applicant: Abillahi Rashidi Sadi; Applicant: Sefu Ally Luwembe; Respondent: Kibaha District Council; Respondent: The Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 28 February 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Leave to File Representative Suit
Outcome: Application granted
Legal Topics: Representative Suits, Order 1 Rule 8 CPC, Leave to Represent Others, Procedural Compliance
Source Language: English

Civil Procedure Land Law Representative Suits Order 1 Rule 8 CPC Leave to Represent Others Procedural Compliance

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Parties

Abillahi Rashidi Sadi

Applicant

Sefu Ally Luwembe

Applicant

Kibaha District Council

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to File Representative Suit

Legal Issues

1 Whether the applicants have fulfilled the conditions for filing a representative suit under Order 1 Rule 8 of the Civil Procedure Code

Ratio Decidendi

Applicants have demonstrated that 97 villagers share the same interest in the subject matter and have authorized the applicants to represent them, fulfilling the requirements of Order 1 Rule 8 CPC.

Court Disposition

Application granted

Orders

Leave granted to applicants to represent 97 villagers in the intended suit
No order as to costs