19990111 TZHC Arusha

19990111 TZHC Arusha

The suit was not a representative suit under Order 1 Rule 8 as the number of interested parties was not 'numerous' and the applicant did not purport to represent others; non-joinder of parties is not fatal and is curable; the trial court erred in dismissing the suit on these grounds.

Citation
19990111 TZHC Arusha
Parties
Applicant: Kore Sung'are; Respondent: Dsyo1eyo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 January 1999
Procedural Posture
Civil Appeal / Appellate Ruling
Outcome
Appeal allowed with costs
Legal Topics
Representative Suits, Relator Suits, Joinder of Parties, Order 1 Rule 8 Civil Procedure Code, Order 1 Rule 9 Civil Procedure Code, Order 1 Rule 10 Civil Procedure Code
Source Language
English
Civil Procedure Representative Suits Relator Suits Joinder of Parties Order 1 Rule 8 Civil Procedure Code Order 1 Rule 9 Civil Procedure Code Order 1 Rule 10 Civil Procedure Code

Case Brief

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Parties

Kore Sung'are

Applicant

Dsyo1eyo

Respondent

Procedural Posture

Civil Appeal / Appellate Ruling

Legal Issues

  1. 1 Whether the suit was a representative suit under Order 1 Rule 8 of the Civil Procedure Code, 1966
  2. 2 Whether the trial court erred in treating a relator suit and a representative suit as synonymous
  3. 3 Whether non-joinder of plaintiffs was fatal to the suit

Ratio Decidendi

The suit was not a representative suit under Order 1 Rule 8 as the number of interested parties was not 'numerous' and the applicant did not purport to represent others; non-joinder of parties is not fatal and is curable; the trial court erred in dismissing the suit on these grounds.

Court Disposition

Appeal allowed with costs

Orders

  • Trial court's dismissal of the suit set aside
  • Applicant permitted to proceed with the suit; non-joinder is curable