You are representing a plaintiff who wishes to file a civil suit against two defendants—one residing in Kinondoni, Dar es Salaam, and the other in Mbeya. What is the proper court in which to institute the suit, and what legal considerations apply?

You are representing a plaintiff who wishes to file a civil suit against two defendants—one residing in Kinondoni, Dar es Salaam, and the other in Mbeya. What is the proper court in which to institute the suit, and what legal considerations apply?

Under section 18(b) of the Civil Procedure Code, Cap. 33 R.E. 2023, where a suit is instituted against multiple defendants residing in different jurisdictions, the plaintiff may file the suit in a court within whose jurisdiction any one of the defendants resides, provided that either:

• The court grants leave to proceed against the other defendant who resides outside its jurisdiction; or
• The defendant who resides outside the jurisdiction acquiesces or consents to the suit.

In this case, the suit may be instituted in the court located in Kinondoni, where one defendant resides, if leave of the court is obtained to proceed against the co-defendant in Mbeya, or if the Mbeya-based defendant waives objection. The application for leave should be made at the time of filing a plaint by way of chamber summons, supported by an affidavit explaining the circumstances. The court will consider whether proceeding in one forum would avoid multiplicity of suits and serve the interests of justice.

There is no specific Order in the Civil Procedure Code that replicates or expands on section 18(b); the procedural framework is governed solely by that section.

Necessary Documents:

• Chamber Summons applying leave of the court to sue defendant who resides outside its jurisdiction, supported by an affidavit explaining the circumstance of the defendants. 
• Plaint to institute a suit if application is granted.

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