Title: Multi-party suits in Tanzania: a case for class actions

Authors: Naufal Kitonka

Addresses: School of Law, University of Dodoma, Dodoma, Tanzania

Abstract: Multi-party suits in Tanzania can take different forms such as joinder, representative actions and public interest actions. However, representative actions are currently the main procedures for handling claims for compensation involving large groups of similarly affected victims. Generally, multi-party procedures have the great potential to provide parties with an effective remedy. However, in order for these procedures to effectively play that role, they should be convenient, properly managed and clearly provided for in the legislation. This article examines the legal framework in Tanzania concerning multi-party procedures. It shows that strict adherence to the same interest and locus standi requirements makes multi-party procedures too restrictive to interested parties who wish to litigate suits on behalf of others. In order to guarantee the proper management of multi-party suits, a case for class action rules is made, which in this study are used in a narrow sense to mean procedures that provide flexibility of locus standi to numerous parties, both known and unknown, with common issues in fact or law. Finally, a reform of the legal framework is recommended so that class action rules are enacted in the form of regulations or a specific law.

Keywords: multi-party suits; Tanzania; representative suits; class action suits.

DOI: 10.1504/IJPLAP.2025.143344

International Journal of Public Law and Policy, 2025 Vol.11 No.1, pp.18 - 42

Received: 11 Aug 2022
Accepted: 02 Apr 2023
Published online: 16 Dec 2024 *