20050303 TZCA Dar es Salaam

20050303 TZCA Dar es Salaam

The High Court erred in striking out the suit instead of staying it, as section 8 of the Civil Procedure Code, 1966, mandates a stay where the matter in issue is also directly and substantially in issue in a previously instituted and pending suit between the same parties.

Source-derived case information.

Citation
20050303 TZCA Dar es Salaam
Parties
Appellant: Mire Artan Ismail; Respondent: Sofia Yasin Njati
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 March 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Stay of Proceedings, Striking Out of Suit, Pendency of Suit, Section 8 Civil Procedure Code
Source Language
english
Civil Procedure Stay of Proceedings Striking Out of Suit Pendency of Suit Section 8 Civil Procedure Code

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mire Artan Ismail

Appellant

Sofia Yasin Njati

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in striking out the suit instead of staying it under section 8 of the Civil Procedure Code, 1966
  2. 2 Whether revisional proceedings constitute a pending suit for purposes of section 8 CPC

Ratio Decidendi

The High Court erred in striking out the suit instead of staying it, as section 8 of the Civil Procedure Code, 1966, mandates a stay where the matter in issue is also directly and substantially in issue in a previously instituted and pending suit between the same parties.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed with costs.
  • The hearing of the commercial case should proceed before another judge.