20170222 tzhc arusha

20170222 tzhc arusha

The applicants demonstrated a common interest in the intended suit as the claims arose from a common scheme, fulfilling the requirements of Order I Rule 8(1) CPC. Leave to file a representative suit is granted.

Citation
20170222 tzhc arusha
Parties
Applicant: Obadia Habil Mwisolwa; Applicant: Lothy Kisiri; Applicant: Eva Samuel; Respondent: DECI Limited; Respondent: Attorney General; Respondent: Permanent Secretary, Ministry of Finance
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 February 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Ex Parte Application for Leave to File Representative Suit
Outcome
Application allowed
Legal Topics
Representative Suits, Leave to Sue, Order I Rule 8 CPC
Source Language
English
Civil Procedure Representative Suits Leave to Sue Order I Rule 8 CPC

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Parties

Obadia Habil Mwisolwa

Applicant

Lothy Kisiri

Applicant

Eva Samuel

Applicant

DECI Limited

Respondent

Attorney General

Respondent

Permanent Secretary, Ministry of Finance

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Ex Parte Application for Leave to File Representative Suit

Legal Issues

  1. 1 Whether the applicants have satisfied the requirements for leave to file a representative suit under Order I Rule 8 of the Civil Procedure Code

Ratio Decidendi

The applicants demonstrated a common interest in the intended suit as the claims arose from a common scheme, fulfilling the requirements of Order I Rule 8(1) CPC. Leave to file a representative suit is granted.

Court Disposition

Application allowed

Orders

  • Applicants to file the representative suit within 30 days from the date of the order.
  • Notice of the institution of the suit to all interested persons to be conveyed by public advertisement in at least one Swahili and one English national circulating newspaper as well as in the Public Notice Boards.