suleiman nassoro others vs chairman dar es saalam city council 2000 tzhc 19 10 march 2000

suleiman nassoro others vs chairman dar es saalam city council 2000 tzhc 19 10 march 2000

The applicants failed to prosecute their preliminary objections by not filing written submissions, indicating either negligence or lack of merit; thus, the preliminary objections are dismissed for non-prosecution and leave to file a representative suit is granted.

Citation
suleiman nassoro others vs chairman dar es saalam city council 2000 tzhc 19 10 march 2000
Parties
Applicant: Manyengule Irumbira; Applicant: Selemani Nassoro; Respondent: City Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 March 2000
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Representative Suit
Outcome
Preliminary objections dismissed for non-prosecution; leave to file representative suit granted; no order as to costs.
Legal Topics
Representative Suits, Preliminary Objections, Affidavit Defects
Source Language
English
Civil Procedure Representative Suits Preliminary Objections Affidavit Defects

Case Brief

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Parties

Manyengule Irumbira

Applicant

Selemani Nassoro

Applicant

City Commission

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Representative Suit

Legal Issues

  1. 1 Whether the affidavit supporting the application for representative suit is incurably defective
  2. 2 Whether the identity of persons on whose behalf the suit is brought is sufficiently disclosed
  3. 3 Whether failure to prosecute preliminary objections warrants dismissal

Ratio Decidendi

The applicants failed to prosecute their preliminary objections by not filing written submissions, indicating either negligence or lack of merit; thus, the preliminary objections are dismissed for non-prosecution and leave to file a representative suit is granted.

Court Disposition

Preliminary objections dismissed for non-prosecution; leave to file representative suit granted; no order as to costs.

Orders

  • Preliminary objections dismissed for non-prosecution
  • Leave granted to applicants to file a representative suit