20110811 TZHC Tanga

IN THE HIGH COURT Of"TANZANIA ' . [LAND DIVISION] __ .

ATTANGA MISC. LAND APPLICATION N0.19 OF 2009 1.JULIUS JOCTAN 2.ELIA SANGALI & 11 OTHERS .. ~ .... :................ ■ uAP.PLCIANTS

VERSUS KILINDI DISTRICT COUNCIL. .. ~ .......................... RSPONDENT ORDER/RULING · · The two applicants filed this Applicatio~ under Order 1 Rule 8 of ttle Civil Procedure Code, Cap.33 R.E. 2992 se..,~king for· ,eave of this court for them to represent other 11 people in the . intended land case. I In - th~rr affidavit, it is ,, . deponed that the applicants and oth~r 11 people are intending to sue the • • I ,-,. respondents in respect of. the land ~h!ch was allegedly given to them by the '' . customary leader for farming activities.I It is also averred that the respondents l . > • . - I . stopped them from using the land on the ground that the said land .is the reserved land. The application was filed in court on 26 th June 2009 and the respondents were dully served. The record reveals that the respondents entered · appearance on 16th July 2009 and had been appearing. In court on several i occasions but todate no Counter Affidavit has been filed. However, the court record shows that on 2nd November :2009 one Mr. Mramba; the City Solicitor appeared for the respondents and addressed the court that the respondents have no objection to this Application. On the ba~is _o·f the joint affidavit of the ·Applicants and the fact that the · . . n,V r- respondents have: indicated that they do,...Object ~this prayer, the Applicants are hereby granted leave to file a Representative suit as prayed in their Chamber if Summons~ t' ,, .. .., . . . .. -~ .