benjamini samwely kitunguye others vs dar rapid transt agency dart others 2023 tzhclandd 16527 28 april 2023

benjamini samwely kitunguye others vs dar rapid transt agency dart others 2023 tzhclandd 16527 28 april 2023

Applicants and others have common interests and similar claims against respondents regarding alleged trespass and land acquisition without compensation; requirements for representative suit under Order 1 Rule 8(1) are met; leave is granted.

Citation
benjamini samwely kitunguye others vs dar rapid transt agency dart others 2023 tzhclandd 16527 28 april 2023
Parties
Applicant: Benjamini Samwely Kitunguye; Applicant: Lucy Paulo Kanisio; Applicant: Nishael Alphayo Kileo; Applicant: Adilila Samwel Konga; Respondent: Dar Rapid Transit Agency (DART); Respondent: Kinondoni Municipal Council; Respondent: Tanzania National Road Agency (TANROADS); Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 April 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to File Representative Suit
Outcome
Application granted
Legal Topics
Representative Suits, Trespass to Land, Land Acquisition, Compensation
Source Language
English
Civil Procedure Land Law Representative Suits Trespass to Land Land Acquisition Compensation

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Parties

Benjamini Samwely Kitunguye

Applicant

Lucy Paulo Kanisio

Applicant

Nishael Alphayo Kileo

Applicant

Adilila Samwel Konga

Applicant

Dar Rapid Transit Agency (DART)

Respondent

Kinondoni Municipal Council

Respondent

Tanzania National Road Agency (TANROADS)

Respondent

Attorney General

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants should be granted leave to file a representative suit under Order 1 Rule 8(1) of the Civil Procedure Code

Ratio Decidendi

Applicants and others have common interests and similar claims against respondents regarding alleged trespass and land acquisition without compensation; requirements for representative suit under Order 1 Rule 8(1) are met; leave is granted.

Court Disposition

Application granted

Orders

  • Applicants granted leave to institute a representative suit on behalf of themselves and 58 others.
  • Notice of institution of the suit to be published in one Swahili and one English widely circulated newspaper.