kiteria menezes and 33 othhers vs afra engineering work ltd and others 1998 tzca 6 27 february 1998
Civil Case No. 297 of 1997 was prematurely filed without obtaining leave for a representative suit, contrary to Order I, Rule 8 of the Civil Procedure Code, rendering both the suit and the application incompetent and not properly before the court.
- Citation
- kiteria menezes and 33 othhers vs afra engineering work ltd and others 1998 tzca 6 27 february 1998
- Parties
- Plaintiffs: Kiteria Menezes & 33 Others; 1st Defendant: Afra Engineering Works Ltd; 2nd Defendant: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 February 1998
- Procedural Posture
- Civil / Ruling on Preliminary Objections
- Outcome
- struck out
- Legal Topics
- Representative Suits, Locus Standi, Res Judicata, Cause of Action
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kiteria Menezes & 33 Others
Plaintiffs
Afra Engineering Works Ltd
1st Defendant
The Attorney General
2nd Defendant
Procedural Posture
Civil / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the suit was properly filed as a representative suit
- 2 Whether leave was obtained before filing the representative suit
- 3 Whether the suit is res judicata
Ratio Decidendi
Civil Case No. 297 of 1997 was prematurely filed without obtaining leave for a representative suit, contrary to Order I, Rule 8 of the Civil Procedure Code, rendering both the suit and the application incompetent and not properly before the court.
Court Disposition
struck out
Orders
- Both Civil Case No. 297 of 1997 and the application for leave to file a representative suit are struck out with costs.
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