[1935] EACA 58

[1935] EACA 58

The Court of Appeal determined that it has jurisdiction to entertain an application for stay of proceedings in bankruptcy matters pending appeal. This is based on the broad language of Article 2 of the Eastern African Court of Appeal Order in Council, 1921, which empowers the Court to make any order necessary to do justice in matters before it. The Court found that the Supreme Court's power to grant a stay does not exclude the appellate court's jurisdiction, especially in the absence of any statutory provision requiring the applicant to first apply to the lower court. The authorities cited, including Cropper v. Smith, support the view that both courts have concurrent jurisdiction unless...

Citation
[1935] EACA 58
Parties
Applicant: Jan Mohamed; Respondent: T. B. Lobo
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1935
Case Number
C.A. 5/1935.
Procedural Posture
Stay Application / Application for Stay of Proceedings Pending Appeal
Outcome
Application for stay of proceedings granted conditionally.
Judges
Sheridan, P, Webb, J
Legal Topics
Bankruptcy Proceedings, Stay of Proceedings, Appellate Jurisdiction
Source Language
English
Banking and Finance Civil Procedure Bankruptcy Proceedings Stay of Proceedings Appellate Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Jan Mohamed

Applicant

T. B. Lobo

Respondent

Procedural Posture

Stay Application / Application for Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an application for stay of proceedings in bankruptcy pending appeal.
  2. 2 Whether the existence of Supreme Court power to grant a stay excludes the Court of Appeal's jurisdiction.

Ratio Decidendi

The Court of Appeal determined that it has jurisdiction to entertain an application for stay of proceedings in bankruptcy matters pending appeal. This is based on the broad language of Article 2 of the Eastern African Court of Appeal Order in Council, 1921, which empowers the Court to make any order necessary to do justice in matters before it. The Court found that the Supreme Court's power to grant a stay does not exclude the appellate court's jurisdiction, especially in the absence of any statutory provision requiring the applicant to first apply to the lower court. The authorities cited, including Cropper v. Smith, support the view that both courts have concurrent jurisdiction unless...

Court Disposition

Application for stay of proceedings granted conditionally.

Orders

  • A conditional order for stay of proceedings was made.