19980227 TZHC Dar es Salaam

19980227 TZHC Dar es Salaam

Filing a representative suit without first obtaining leave is a fundamental procedural error; both the suit and the application for leave were not properly before the court and must be struck out.

Citation
19980227 TZHC Dar es Salaam
Parties
Plaintiffs: Kiteria Menezes & 33 Others; 1st Defendant: Afra Engineering Work Ltd; 2nd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 1998
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
suit and application struck out with costs
Legal Topics
Representative Suits, Locus Standi, Res Judicata, Cause of Action, Procedural Impropriety
Source Language
English
Civil Procedure Representative Suits Locus Standi Res Judicata Cause of Action Procedural Impropriety

Case Brief

Summary, issues, holding and outcome

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Parties

Kiteria Menezes & 33 Others

Plaintiffs

Afra Engineering Work Ltd

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit was properly instituted as a representative suit under Order I Rule 8 of the Civil Procedure Code
  2. 2 Whether the plaintiff had locus standi
  3. 3 Whether the suit was barred by res judicata

Ratio Decidendi

Filing a representative suit without first obtaining leave is a fundamental procedural error; both the suit and the application for leave were not properly before the court and must be struck out.

Court Disposition

suit and application struck out with costs

Orders

  • Civil Case No. 297 of 1997 struck out
  • Application for leave to file representative suit struck out