Abdulla and Another v Suleman and Others
Abdulla and Another v Suleman and Others (Civil Appeal No. 12 of 1945) [1946] EACA 1 (1 January 1946)
The Court held that Order 1 Rule 8 of the Kenya Civil Procedure Rules authorizes the bringing of a representative suit where there are numerous persons having the same interest in one suit, and does not restrict its application to suits founded in contract or tort. The sole test is whether the plaintiffs and those they represent have the same interest in the suit. In this case, the members of the Cutchi Lohar Wadha Jamat have a common interest and grievance, and the relief sought is beneficial to all. The precedent relied upon by the trial judge was distinguishable, as the interests in that c…
Source excerpt
- Representative Suits
- Same Interest Test
- Order 1 Rule 8
- Common Grievance
- Procedural Striking Out