19980416 TZHC Dar es Salaam

The applicant has satisfied the mandatory requirements of Order I Rule 8 CPC as there are numerous persons with the same interest and a common grievance against the respondent.

Citation: 19980416 TZHC Dar es Salaam
Parties: Applicant: Joseph F. Roche; Respondent: M/S Aduco Int. BV.
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 April 1998
Procedural Posture: Misc. Civil Case / Ruling on Application for Leave to File Representative Suit
Outcome: Leave granted to file representative suit
Legal Topics: Representative Suits, Order I Rule 8 CPC, Leave to File Suit, Common Grievance
Source Language: English

Civil Procedure Representative Suits Order I Rule 8 CPC Leave to File Suit Common Grievance

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Parties

Joseph F. Roche

Applicant

M/S Aduco Int. BV.

Respondent

Procedural Posture

Misc. Civil Case / Ruling on Application for Leave to File Representative Suit

Legal Issues

1 Whether the applicant and others have a common interest and grievance justifying a representative suit under Order I Rule 8 CPC

Ratio Decidendi

The applicant has satisfied the mandatory requirements of Order I Rule 8 CPC as there are numerous persons with the same interest and a common grievance against the respondent.

Court Disposition

Leave granted to file representative suit

Orders

Applicant granted leave to file a representative suit
Notice of institution of the suit to all such persons shall be by public advertisement in any local newspaper