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Tanzania decisions
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The High Court granted leave for five applicants to file a representative suit on behalf of 512 villagers, finding they shared the same interest under Order I Rule 8 CPC.
The application was struck out because the applicants failed to prove that all persons to be represented had consented, as required by Order I Rule 8(1) CPC, evidenced by missing signatures and lack of meeting minutes.
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The application satisfied the requirements of Order I Rule 8 CPC as the applicants demonstrated the existence of numerous persons with common interest, provided a list with signatures, and addressed prior objections. Leave to sue in a representative capacity was granted.
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The High Court at Arusha allowed an ex parte application for leave to file a representative suit under Order I Rule 8 CPC, finding a common interest among the applicants.
The suit is incompetent as the first plaintiff, who was required to sue as legal representative of his late father, appeared in his individual capacity, resulting in lack of locus standi and necessitating the suit to be struck out.
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Application for leave to file a representative suit is granted as prayed since respondents raised no objection.
Source excerpt
The High Court granted leave to file a representative suit over alleged quarry blasting damage, finding numerous villagers shared the same grievance under Order I Rule 8 CPC.
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