20170222 tzhc arusha

1l_ IN THE HIGH COURT OF T't'E UNITED REPUBLIC OF TANZANIA I [IN THE DISTRI<;:T REGISTRY OF ARUSHA] !

AT ARUSHA i MISC- CIVIL APPLICATION NO. 198 OF 2015 I ' 1. OBADIA HABIL MWISOLWA .......................... 1ST APPLICANT 2. LOTHY KISIRI .............................................. 2ND APPLICANT 3. EVA SAMUEL •••••••••••••••• l ••••••..•.•.•••.•••••.••••••••••• 3RD APPLICANT I \VERSUS 1. DECI LIMITED ............................................. 1ST RESPONDENT ' :. ND 2. ATTORNEY GENERAL. ... ~ ............................. 2 RESPONDENT . I 3. PERMANENT SECRETARY MINISTRY OF FINANCEi. ............................ 3RD RESPONDENT

RULING I S.M. MAGHIMBI, l This is a ruling upon an ex-parte application brought under the provisions of Order I Rule 8 of the Civil Prbcedure Code Act, Cap. 33 R.E 2002. The I applicant are praying that this Honorable Court be pleased to grant leave to permit the applicants to !file a representative suit against the respondents herein. The application was supported by joint affidavit of the I applicants. The substance of the application as per the sworn affidavit of the applicants is that the applicants and 25 others to be represented share a common interest, having depoJited money with the 1st respondent with a I promise to receive more than double the amount so deposited within a span of 6-8 weeks from the date· of deposit. The applicants along with the 1 25 others deposited different sums of money ranging from 10,000/- to 18,000,000/- totaling to a sum Tshs. 54,512,000/- vide a program called "Tushikamane Revolving Fund" or "Saw and Harvest". That vide the order of the 3rd respondent, the 1st respondent breached the terms of the agreement by stopping the payments as agreed, a breach which is alleged to have affected the normal economic lives of the applicants and their families. Order I Rule 8(1) of the CPC provides: 8.-(1) Where there are numerous person having the same interest in one suit, one or more of such persons may, with the permission of the court, sue or be sued,

or may defend, in such suit, on behalf of or for the benefit of all p(;rsons so interested,· but the court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all such persons either by personal service or, where from the number of persons or any other cause such service is not reasonably practicable, by public advertisement, as the court in each case may direct. As per the supporting affidavit; the applicants herein have shown a common interest in the intended suit as the amount to be claimed was sent via a common scheme. For that reason, I am satisfied that the conditions set in Order I Rule .8(1) of the CPC are fulfilled. Consequently, this application is hereby allowed and the Court proceeds to make the following orders: 2 ; ' I I 1. The applicants herein shall ifile I the repr~sentative suit within 30 I ,: I days from the date of this o1der.

2. Notice of the institution of ~he suit to all su¢h person~ interested 1 I, in the matter shall be conyeyed by publici advertisement in at least one Swahili and one E1glish Nationa~ Ci,rculating Newspapers as well as in the Public Notiqe j Boards. I 1 ! .

3. No order as to costs. 1 1 • 1 Application Allowed. • : I Dated at Arusha thi! 22 ndday of Feb~uary, 2017 ! ' I I i i: I SGD: s. l[M. MAGHIMBI i .I lJUDGE 22}02/2017 i I ji I I hereby certify that this to be a t~ue copy of the original. ! i I i: i\ I DEPU~ REGISTRAR , ' I I II : HIGH COURT - ARUSHA : \\i)-ie,1 i 3 I '