The High Court, Commercial Division at Dar es Salaam
dismissed the Appellants suit because the matter before it was res sub
judice as there was a similar case pending before the High Court, Tanga
registry. Aggrieved, the Appellants appealed to the Court of Appeal on the
ground the High Court erred in dismissing the suit as being res sub judice
instead of staying it as the marginal note to section 8 of the Civil Procedure
Code means that the section is concerned with stay of suits. The Respondents
responded that the meaning of the word ‘stay’ in the marginal note to section
8, to “stay’’ is to “stop’’ and that the consequences thereof was to dismiss
the suit because the court could not make a stop order without making an order
for further consequences.