Multi-Party Litigation in Tanzania: A Case for Class Action Suits

Abstract

Purpose: In suits involving numerous parties, legal technicalities are involved. Such suits call for special litigation devices. Multiparty litigation devices in Tanzania can take different forms such as joinder, next of kin, representative suits and class action suits. However, representative suit is currently the main means of handling claims for compensation involving large groups of similarly affected victims.

Methodology: This study carries out an appraisal of the legal framework in Tanzania concerning multiparty litigation devices. It is shown that too strict an adherence to same interest and locus standi requirements in Tanzania makes multiparty litigation devices too restrictive. In addition, multiparty litigation devices for group actions are not clearly provided for.

Findings: Litigation devices have a great potential of helping parties to realize effective right to remedy. In order for litigation devices to effectively play that role, they should be friendly, timely and affordable. Similarly, such devices should be properly managed and clearly provided for under legislations.  

Unique Contribution to Theory, Practice and Policy: Currently, a representative suit in Tanzania is interchangeably used both in public interest litigation and group action. In order to guarantee proper management of group actions, a case for class action rules is made. Indeed, a call for reform of the legal framework is recommended in this study to the effect that class action rules should be enacted in form of regulations or under a specific legislation.