edward joseph mpali others vs capital development authority 2016 tzhc 2263 14 november 2016

edward joseph mpali others vs capital development authority 2016 tzhc 2263 14 november 2016

The applicants are numerous, have a common interest in seeking compensation for expropriated land, and have been duly mandated to represent others; thus, the requirements for a representative suit under Order 1 Rule 8(1) are satisfied.

Citation
edward joseph mpali others vs capital development authority 2016 tzhc 2263 14 november 2016
Parties
Applicants: Edward Joseph Mpali & Others; Respondent: Capital Development Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 November 2016
Procedural Posture
Misc Land Case Application / Ruling on Application for Leave to Institute Representative Suit
Outcome
Application granted with costs
Legal Topics
Representative Suits, Compensation for Expropriated Land, Common Interest Requirement
Source Language
English
Civil Procedure Land Law Representative Suits Compensation for Expropriated Land Common Interest Requirement

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Parties

Edward Joseph Mpali & Others

Applicants

Capital Development Authority

Respondent

Procedural Posture

Misc Land Case Application / Ruling on Application for Leave to Institute Representative Suit

Legal Issues

  1. 1 Whether the applicants meet the requirements to institute a representative suit under Order 1 Rule 8(1) of the Civil Procedure Code
  2. 2 Whether the applicants have a common interest in the suit
  3. 3 Whether the applicants exist and have been duly mandated to represent others

Ratio Decidendi

The applicants are numerous, have a common interest in seeking compensation for expropriated land, and have been duly mandated to represent others; thus, the requirements for a representative suit under Order 1 Rule 8(1) are satisfied.

Court Disposition

Application granted with costs

Orders

  • Leave to institute a representative suit is granted to the applicants
  • Costs awarded to the applicants