(Court OF APPEAL) *

AHMED ABDEL NABI v. EL SAWI KHEIRALLA

AC-REV-507-1964

Principles

·  Civil Procedure –Notice-Action on behalf of other-Civil Justice Ordinance, Ord, VII, r, I (1)-Co owners plaintiffs in eviction action may be served with notice only

One of the co-owners plaintiffs in eviction action under Rent Restriction Ordinance, s, 11 (e) for personal use against the tenant who requested joiner of other  c-owners as plaintiffs. The Court rejected this application and served the co-owners with notice only. Province Judge confirmed the Court’s decision.
Held: According to Civil Justice Ordinance Ord. VII.r I (1) co-owners plaintiffs in eviction action for personal use may be served with notice only, because such action is not common to all the co-owners, and they may have no interest in it.

Judgment

Advocates: Shawgi Mallassi………………….for applicant

Haroun  Shawgi……………………………for respondent

Osman El Tayeb J. April 6.1965:-The point raised in this application is a simple one. House No 4/2//1414 Omdurman is registered in the in the name of Khiralla Sheikh Hamid , deceased . the heirs and co-owners in undivided shares are all three persons, one of them , EL Sawi, instituted a suit in the District Court, Odurman, against he tenant of the said house, claiming possession on the ground of personal use for himself.

Defendant applied for joining the other co-owners as plaintiffs, alleging that they are opposing ejectment, the Court rejected the application and ruled that in compliance with Civil Justice Ordinance , Ord, VII, r, I, it will serve them with notice only. Defendant submitted an application for revision to the Province Court that dismissed the application summarily out his consent, referring to Civil Justice Ordinance, Ord, r, 8(3), and that the ruling of the District Judge was correct.
 

Civil Ordinance , Ord, VII, r ,I , speaks about numerous persons having the same interest I  one suit , one ore more of such persons may sue on behalf of the others with the permission of the Court. It appears to be applicable in cases of unincorporated bodies or societies, e.g., social clubs. In cases of co-owners Babiker Awadalla C.J. fanned , where the cause of action is likely to affect their title , they have to be made  parties to the case, but if it is affecting only an ancillary interest, e.g., possession of the land . I do not think it imperative that they should be made parties to the suit from the case, one of the co-owners is suing for possession from a tenant , there is nothing to compel the Court to order joining of the other co-owners as plaintiffs on the applicant of defendant. It may further be said that the cause of action in this case is not one common to all the co-owners; it is one for possession on the ground of need for personal use, as such they have no interest in it, so there is no point in joining them.

I think that the right practice is that they be given notice only and that if thy apply to be joined, they should be joined.

For these reasons the revision is to be dismissed.

Babiker Awadalla C.J. April 6.1965;- I concur.

* Court: Babiker Awadalla C.J. and Osman El Tayeb J.