19990223 TZCA Dar es Salaam

19990223 TZCA Dar es Salaam

No legal point exists for certification to the Court of Appeal as the criminal and civil cases were unrelated, and Order XVII Rule 1(1) does not apply to the circumstances; therefore, the application for leave is dismissed.

Source-derived case information.

Citation
19990223 TZCA Dar es Salaam
Parties
Applicant: Shani Ayubu; Respondent: Twitim 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, Leave to Appeal, Adjournment, Point of Law Certification
Source Language
english
Civil Procedure Stay of Proceedings Leave to Appeal Adjournment Point of Law Certification

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shani Ayubu

Applicant

Twitim 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 order dismissing the application to stay proceedings in Civil Case No. 21 of 1992 pending determination of Criminal Case No. 1089 of 1996
  2. 2 Whether Order XVII Rule 1(1) of the Civil Procedure Code, 1966 applies to the application for stay of proceedings

Ratio Decidendi

No legal point exists for certification to the Court of Appeal as the criminal and civil cases were unrelated, and Order XVII Rule 1(1) does not apply to the circumstances; therefore, the application for leave is dismissed.

Court Disposition

application dismissed with costs

Orders

  • application for leave to appeal dismissed
  • costs awarded to respondent