shani ayubu vs ibrahim osman mohamed 1999 tzca 2 23 february 1999

shani ayubu vs ibrahim osman mohamed 1999 tzca 2 23 february 1999

No sufficient cause was shown for stay of proceedings; Order XVII Rule 1(1) does not apply as the application was for stay, not adjournment. The two cases had no direct bearing on each other, and no legal point exists for certification to the Court of Appeal.

Citation
shani ayubu vs ibrahim osman mohamed 1999 tzca 2 23 february 1999
Parties
Applicant: Shani Ayubu; Respondent: Mohamed
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 1999
Procedural Posture
Civil Application / Application for Leave to Appeal to Court of Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Proceedings, Adjournment, Leave to Appeal
Source Language
English
Civil Procedure Stay of Proceedings Adjournment Leave to Appeal

Case Brief

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Parties

Shani Ayubu

Applicant

Mohamed

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether there is a point of law involved in the High Court's decision to refuse stay of proceedings
  2. 2 Applicability of Order XVII Rule 1(1) of the Civil Procedure Code, 1966

Ratio Decidendi

No sufficient cause was shown for stay of proceedings; Order XVII Rule 1(1) does not apply as the application was for stay, not adjournment. The two cases had no direct bearing on each other, and no legal point exists for certification to the Court of Appeal.

Court Disposition

application dismissed with costs

Orders

  • application dismissed with costs