20050905 TZHC Arusha

20050905 TZHC Arusha

The suit is incompetent in law for failure to comply with Order I Rule 8 regarding representative suits, as the plaintiff did not obtain leave of the court or give notice to other interested persons. The non-joinder of the Attorney General does not render the suit incompetent, but the failure to comply with representative suit procedures is fatal.

Citation
20050905 TZHC Arusha
Parties
Plaintiff: Lois Hive Jacob; Defendant: Mick; Defendant: Letion Sulana; Defendant: Morodi Ole Kunani; Defendant: Meingeti Ole Musando; Defendant: Kitasho Simel; Defendant: Parmeth Lomonyemi; Defendant: Metui Ole Kileya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 2005
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Non Joinder of Necessary Parties, Representative Suits, Preliminary Objections, Land Ownership, Government Land
Source Language
English
Civil Procedure Land Law Non Joinder of Necessary Parties Representative Suits Preliminary Objections Land Ownership Government Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Lois Hive Jacob

Plaintiff

Mick

Defendant

Letion Sulana

Defendant

Morodi Ole Kunani

Defendant

Meingeti Ole Musando

Defendant

Kitasho Simel

Defendant

Parmeth Lomonyemi

Defendant

Metui Ole Kileya

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is incompetent for non-joinder of the Attorney General as a necessary party
  2. 2 Whether the suit is incompetent for want of leave to file a representative suit under Order I Rule 8

Ratio Decidendi

The suit is incompetent in law for failure to comply with Order I Rule 8 regarding representative suits, as the plaintiff did not obtain leave of the court or give notice to other interested persons. The non-joinder of the Attorney General does not render the suit incompetent, but the failure to comply with representative suit procedures is fatal.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out for being incompetent in law for want of compliance with Order I Rule 8
  • Plaintiff may pursue the claim afresh in a competent jurisdiction