yara tanzania limited vs db shaprya co limited 2022 tzca 293 23 may 2022
The Court held that it was not functus officio as the prior appeal (Civil Appeal No. 245 of 2018) did not determine the merits of the default judgment, and that the refusal to stay proceedings is appealable as of right. However, the appeal was struck out as premature because its utility depended on the outcome of related proceedings, and proceeding would create confusion and not serve the administration of justice.
Source excerpt
- Stay of proceedings
- Arbitration agreement
- Default judgment
- Functus officio
- Prematurity of appeal