20151124 TZHC Dar es Salaam

20151124 TZHC Dar es Salaam

Application for leave to sue in representative capacity was incompetent due to failure to comply with Order I Rule 12(2) of Civil Procedure Code; no written, signed authority filed by parties to be represented. Application struck out with costs. Temporary injunction not considered as main application collapsed.

Citation
20151124 TZHC Dar es Salaam
Parties
Applicant: Alex Damson Kisinga; Applicant: Chiku Ally Mtonyi; Applicant: Deogratius Oswald Rugazia; Applicant: Wenceslaus Boniface Mleke; Applicant: 60 Others; Respondent: Temeke Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Sue in Representative Capacity and for Temporary Injunction
Outcome
Application struck out with costs
Legal Topics
Representative Suits, Temporary Injunctions, Compensation for Land Acquisition
Source Language
English
Civil Procedure Land Law Representative Suits Temporary Injunctions Compensation for Land Acquisition

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Parties

Alex Damson Kisinga

Applicant

Chiku Ally Mtonyi

Applicant

Deogratius Oswald Rugazia

Applicant

Wenceslaus Boniface Mleke

Applicant

60 Others

Applicant

Temeke Municipal Council

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Sue in Representative Capacity and for Temporary Injunction

Legal Issues

  1. 1 Whether applicants complied with procedural requirements for representative suit under Order I Rule 12(2) of Civil Procedure Code
  2. 2 Whether court can grant temporary injunction in absence of proper citation of enabling provisions

Ratio Decidendi

Application for leave to sue in representative capacity was incompetent due to failure to comply with Order I Rule 12(2) of Civil Procedure Code; no written, signed authority filed by parties to be represented. Application struck out with costs. Temporary injunction not considered as main application collapsed.

Court Disposition

Application struck out with costs

Orders

  • Application for leave to sue in representative capacity struck out
  • Application for temporary injunction not considered