irumbira others vs chairman dar es salaam city commission 2000 tzhc 4 10 march 2000

irumbira others vs chairman dar es salaam city commission 2000 tzhc 4 10 march 2000

Failure by applicants to file written submissions in support of their preliminary objections amounts to withdrawal of those objections; no merit found in the objections, and leave to file a representative suit is granted.

Citation
irumbira others vs chairman dar es salaam city commission 2000 tzhc 4 10 march 2000
Parties
Applicant: Manyengule Irumbiro and Selemani Nassoro; Respondent: City Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 March 2000
Procedural Posture
Chamber Summons (order 1 Rule 8 and 12, Section 95 Civil Procedure Code, 1966) / Ruling on Preliminary Objections
Outcome
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 Irumbiro and Selemani Nassoro

Applicant

City Commission

Respondent

Procedural Posture

Chamber Summons (order 1 Rule 8 and 12, Section 95 Civil Procedure Code, 1966) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicants are entitled to file a representative suit under Order 1 Rule 8 and 12 of the Civil Procedure Code, 1966
  2. 2 Whether the affidavit in support of the application is incurably defective
  3. 3 Whether the identity of persons on whose behalf the suit is brought is sufficiently disclosed

Ratio Decidendi

Failure by applicants to file written submissions in support of their preliminary objections amounts to withdrawal of those objections; no merit found in the objections, and leave to file a representative suit is granted.

Court Disposition

Leave to file representative suit granted; no order as to costs.

Orders

  • Leave to applicants to file a representative suit is granted.
  • No order as to costs.