By Kusekwa Kusekwa
The High Court in Arusha has allowed three Engikareti villagers and 40 others from Longido District to sue Tanzania Electric Supply Company Limited (TANESCO) and three other respondents allegedly for trespassing into their land to build a power transmission project known as “Mradi wa Umeme wa Msongo Mkubwa KW 400,” without their consent or compensation.
In a recent ruling, Judge Silvester Kainda granted permission to Joseph Andrew Kipuyo, Elia Ngoilenya Lukumay and Robert Lesingo Porokwa to represent other villagers to sue TANESCO, the Longido District Council, Engikareti Village Council and the Attorney General (AG).
“Leave is granted to Joseph Andrew Kipuyo, Elia Ngoilenya Lukumay and Robert Lesingo Porokwa to file a representative suit on behalf of themselves and 40 other named villagers of Engikareti village against the respondents,” the judge declared.
He further directed that the intended representative suit must comply with the procedural requirements of Order I Rule 8(2) of the Civil Procedure Code by ensuring proper notice is served to all persons intended to be represented, through personal service, public notice or any mode as the court may later direct.
He was satisfied that the applicants and the 40 other villagers they sought to represent have the same interest in the subject matter of the proposed suit, namely the alleged unlawful entry into their land and the resulting deprivation of their rights to peaceful occupation and use.
The judge pointed out further that facts and evidence to be relied upon appear to be substantially similar or identical for all persons concerned. Furthermore, he said, the meeting held on October 16, 2023 provided adequate indication that the applicants were properly appointed to represent the rest of the group.
The villagers claim to individually own pieces of land which, in total, measure approximately 243,550 square metres. They further alleged that since the 1970s, they have been in peaceful occupation of their respective lands, using them for farming and pastoralism. However, the residents claimed that Tanesco and the Longido District Council have unlawfully trespassed into their land to establish the said electricity project.
