National Distributors Limited v. National Union of Tanganyika Workers. Civ. Case 149-D-70; 25/11/70; Georges C. J.

National Distributors Limited v. National Union of Tanganyika Workers. Civ. Case 149-D-70; 25/11/70; Georges C. J.

            This is an application by the plaintiff for leave under Order I rule 8    of the Civil Procedure Code to file an action against the defendant      (NUTA).It was argued that since the Act setting up the defendant (NUTA) made no specific provision for filing suits against it, it was necessary to obtain leave under Order I rule 8.  The issue was   whether the rule was applicable.

                        Held: (1) “I do not think that this rule is applicable in this case.  NUTA was created by Act 18 of 1964 now Cap.555. The particularly operative section is section 3 which reads:- “There is hereby established the National Union of Tanganyika Workers which shall be deemed to be a trade union and shall, upon the appointed date, be registered as such by the Registrar under the registered Trade Unions Ordinance”. (2) “Since NUTA is under section 3 a registered Trade Union, the provisions of the Trade Union Ordinance Cap. 381 apply. Section 23 of this Ordinance provides in part: - “(1) A registered trade union may sue, be sued and be prosecuted under its registered name”.  Subsections (2) and (3) make provision for suing unregistered trade unions in the name by which they have been operating and unions whose registration has been cancelled in the name in which they had been operating.” (3) “NUTA is clearly a body registered under the Trade Union Act which makes provision enabling it to sue and to be sued in its unincorporated association.”