Tanzania Case Law

APPLICATION NO

Court

TANZLII

The applicants satisfied the requirements for leave to file a representative suit under Order 1 Rule 8 of the Civil Procedure Code by demonstrating common interest, obtaining consent, and providing sufficient affidavit evidence. The objections raised by the 1st and 2nd respondents were not substantiated by admissible evidence and did not outweigh the applicants' compliance with the legal prerequisites.

Source excerpt

• Representative suits
• Leave to sue
• Common interest
• Affidavit evidence

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masanja safii

Court

TANZLII

Applicants demonstrated common interest and written consent of 303 villagers; legal requirements for leave to file representative suit are satisfied. Detailed land description is not mandatory at application stage.

Source excerpt

• Representative suits
• Leave to sue
• Common interest
• Land dispute

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SCANNED 17794 OF 2024

Court

TANZLII

Applicants demonstrated existence of numerous persons with common interest who duly authorized them; application meets statutory requirements for leave to file representative suit.

Source excerpt

• Representative suits
• Leave to sue
• Common interest
• Land ownership
• Trespass

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MISC

Court

TANZLII

The application failed because the applicants did not prove the existence and consent of the persons they sought to represent, as required by Order 1 Rule 8(1) of the Civil Procedure Code. The court found inconsistencies and doubts in the list of persons and signatures, and absence of some applicants' names, thus not meeting the mandatory procedural requirements.

Source excerpt

• Representative suits
• Leave to sue
• Common interest
• Procedural requirements

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fredrick nestory magembe 6 others vs martin nasson ogwari another 2023 tzhclandd 17180 27 november 2023

Court

TANZLII

The High Court granted leave in part for a representative land suit, finding only 17 proposed members had shown consent and interest through minutes and sale agreements.

• Representative suits
• Leave to sue
• Common interest
• Consent of parties
• Representative-suit
• Civil-procedure

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hassan abdallah kitigi 2 others vs temeke municipal council another 2022 tzhclandd 12645 25 november 2022

Court

TANZLII

The applicants have demonstrated that 20 other businessmen have authorized them to represent their interests in a land dispute, satisfying the requirements of Order I Rule 8(1) of the Civil Procedure Code. The application for leave to file a representative suit is granted.

Source excerpt

• Representative suits
• Common interest
• Permission to sue on behalf of others

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