20081100 TZCA Dar es Salaam

Only Hamis Kaka, having complied with Rule 76, has locus standi as appellant; representative suit procedures do not apply in the Court of Appeal; oral application for substitution of respondent is permissible during hearing.

Citation: 20081100 TZCA Dar es Salaam
Parties: Appellant: Hamis Kaka; Respondent: Tanzania Railways Corporation; Respondent: Kunduchi Leisure and Farming Company Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 November 2006
Procedural Posture: Civil Appeal / Ruling on Preliminary Issues Before Hearing
Outcome: preliminary issues determined; leave granted for substitution; only Hamis Kaka recognized as appellant
Legal Topics: Representative Suits, Locus Standi, Notice of Appeal, Party Substitution
Source Language: English

Civil Procedure Representative Suits Locus Standi Notice of Appeal Party Substitution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Hamis Kaka

Appellant

Tanzania Railways Corporation

Respondent

Kunduchi Leisure and Farming Company Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Issues Before Hearing

Legal Issues

1 Whether representative suit procedures under the Civil Procedure Code apply in the Court of Appeal
2 Whether all plaintiffs have locus standi before the Court of Appeal
3 Whether oral application for substitution of respondent is permissible

Ratio Decidendi

Court Disposition

preliminary issues determined; leave granted for substitution; only Hamis Kaka recognized as appellant

Orders

Only Hamis Kaka has locus standi as appellant.
Other former plaintiffs must regularize their status to participate.