19980416 TZHC Dar es Salaam

L1,8RJt{l,~ 1'-l (_ tsrn THE UNITED R~UBLIC OF TANZAfJIA :• IN THE dIGH COURT OF TANZANIA - AT nAR ES SALAAM MISC. CIVIL CASE NO ••••• 127 OF 1997 JOS@H F. ROCHE. • • • • • • • • • • • • • • • • • • • • • • • .AP~:, LI CANT Vers:us ' M/S ADUCO INT. BV. o • o o o • • o • o •.• • • • • • • • o • RESPONDENT :.

RULING -----...--~""""' r.esident The applicant, Jloseph F. Roche , is a L of Mjimwema Village in the City of Dar es Salaam. He is seeking from this court an order to file a representative Suit under Order I Rule 8 of the Civil Procedure Code. The application is suppor- ted by an affidavit sworn by the applicant himself •. Mr. Mauggo, learned advocate, represented the applicant. The submissions made by Fir. Mauggo and the applicant's affidavit disclose the following facts. First 1 that the applicant and 82 other named villagers are :sesidents of Mjimwema village in Dar es Salaam; second, that the respondent is owning a stone quarry in the said village ..t'1d uses explosives to blast stones as a result of which apparently structural damage has occured to their houses, t'hird the respondent has refused to off er compensation to the, said villagers for damage thus occasioned to their houses. In my humble view the applicant has satisfied the manda- tory, requirements of Order I litule 8 of the CPC. There are ' indeed numerous persons with the same interest and a common grievance against the respondent. In the circumstances leave is hereby given to the applicant to file a representative suit and notice of the institution of the suit to all such persons shall be by public advertisement in any local newspaper. It is . so orderea..

NSEKELA

JUDGE Ruling delivered in the presence of Mr. Mauggo learned advocate for the applicant.

NSEKELA

JUDGE CERTIFIED 'TRUE COPY OF THE ORIGINAL.