akiley fulanzis msimbe 130 others vs jane mwakatuma administratrix of estate of the late emmanuel ephraim mwakatuma another 2022 tzhclandd 12492 26 september 2022

akiley fulanzis msimbe 130 others vs jane mwakatuma administratrix of estate of the late emmanuel ephraim mwakatuma another 2022 tzhclandd 12492 26 september 2022

Leave to represent under Order I Rule 8 of the Civil Procedure Code is granted when applicants have common interest and reliefs, and all have consented. Interim orders or temporary injunctions cannot be granted in the absence of a pending suit as per the Civil Procedure Code and relevant case law.

Citation
akiley fulanzis msimbe 130 others vs jane mwakatuma administratrix of estate of the late emmanuel ephraim mwakatuma another 2022 tzhclandd 12492 26 september 2022
Parties
Applicant: Akiley Fulanzis Msimbe & 130 Others; 1st Respondent: Jane Mwakatuma (Administratix of the estate of the late Emmanuel Ephraim Mwakatuma); 2nd Respondent: Kishe Auction Mart Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 September 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Representative Action and Interim Order
Outcome
Application partly granted and partly refused
Legal Topics
Representative Suits, Interim Injunctions, Leave to Represent, Procedural Requirements
Source Language
English
Civil Procedure Land Law Representative Suits Interim Injunctions Leave to Represent Procedural Requirements

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Parties

Akiley Fulanzis Msimbe & 130 Others

Applicant

Jane Mwakatuma (Administratix of the estate of the late Emmanuel Ephraim Mwakatuma)

1st Respondent

Kishe Auction Mart Co. Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Representative Action and Interim Order

Legal Issues

  1. 1 Whether leave should be granted for one applicant to represent 130 others in a suit with common interest
  2. 2 Whether an interim order or temporary injunction can be granted before filing of the main suit

Ratio Decidendi

Leave to represent under Order I Rule 8 of the Civil Procedure Code is granted when applicants have common interest and reliefs, and all have consented. Interim orders or temporary injunctions cannot be granted in the absence of a pending suit as per the Civil Procedure Code and relevant case law.

Court Disposition

Application partly granted and partly refused

Orders

  • Leave granted to Akiley Fulanzis Msimbe to represent 130 others in the intended suit.
  • Prayer for interim order or temporary injunction refused.