20020422 TZHC Dar es Salaam
Compliance with Order 1 Rule 8 of the Civil Procedure Code is a fundamental and mandatory requirement in representative suits, including those arising from employment disputes initiated by a labour officer. Section 134 of the Employment Ordinance does not dispense with this requirement.
- Citation
- 20020422 TZHC Dar es Salaam
- Parties
- Appellants: K.J. Motors & Three Others; Respondents: Richard Kishamba & Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 April 2002
- Procedural Posture
- Civil Appeal / Appeal From High Court Ruling and Order
- Outcome
- Appeal allowed with costs
- Legal Topics
- Representative Suits, Order 1 Rule 8 CPC, Employment Ordinance Section 134, Procedural Requirements in Employment Disputes
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
K.J. Motors & Three Others
Appellants
Richard Kishamba & Others
Respondents
Procedural Posture
Civil Appeal / Appeal From High Court Ruling and Order
Legal Issues
- 1 Whether compliance with Order 1 Rule 8 of the Civil Procedure Code is mandatory in employment suits initiated by a labour officer
- 2 Whether section 134 of the Employment Ordinance dispenses with the requirement of representative suit procedure
Ratio Decidendi
Compliance with Order 1 Rule 8 of the Civil Procedure Code is a fundamental and mandatory requirement in representative suits, including those arising from employment disputes initiated by a labour officer. Section 134 of the Employment Ordinance does not dispense with this requirement.
Court Disposition
Appeal allowed with costs
Orders
- High Court decision set aside
- Objection to the suit sustained
Full Case Text
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