19950323 TZHC Dar es Salaam

19950323 TZHC Dar es Salaam

Leave is granted for the matter to be filed at the Resident Magistrate's Court. Applications for representative suit and injunction must be made to the competent court after the suit is filed, not at this stage.

Citation
19950323 TZHC Dar es Salaam
Parties
Applicants: Muuse Raimoi Shelli, Faraji S. Mzirq, Lucas Japhet Kija and others; Respondents: Dar es Salaam City Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 March 1995
Procedural Posture
Application Under S.61(1) of the Magistrates Courts Act 1984 and Order 1 Rule 8, Order 37 Rule 1(b), and S.95 of Civil Procedure Code 1966 / Ruling on Interlocutory Application
Outcome
Partly allowed
Legal Topics
Leave to File Suit, Representative Suits, Injunctions
Source Language
English
Civil Procedure Leave to File Suit Representative Suits Injunctions

Case Brief

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Parties

Muuse Raimoi Shelli, Faraji S. Mzirq, Lucas Japhet Kija and others

Applicants

Dar es Salaam City Council

Respondents

Procedural Posture

Application Under S.61(1) of the Magistrates Courts Act 1984 and Order 1 Rule 8, Order 37 Rule 1(b), and S.95 of Civil Procedure Code 1966 / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to file suit in the Resident Magistrate's Court
  2. 2 Whether leave should be granted to file a representative suit
  3. 3 Whether an injunction should be granted restraining respondents from dealing with the suit properties

Ratio Decidendi

Leave is granted for the matter to be filed at the Resident Magistrate's Court. Applications for representative suit and injunction must be made to the competent court after the suit is filed, not at this stage.

Court Disposition

Partly allowed

Orders

  • Leave granted to file suit at the Resident Magistrate's Court
  • Prayers for representative suit and injunction are refused