The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
This was an application seeking orders for an interim stay of execution and/or enforcement of the decree and judgment of a civil suit pending the hearing and determination of the application; on grounds that there was a prima facie case on appeal and its essentiality for safeguarding the applicant’s right to appeal.
The respondents raised a preliminary objection to the application on grounds that it was not properly before the court. The court observed that it was more ideal for the High Court to first determine such applications on their own merits and for the Court of Appeal to do so only when the application is substantive in content and form and in special and rare circumstances: if the High Court refuses to accept its jurisdiction, or refuses jurisdiction on wrong reasons, or there is great delay.
The court was satisfied that the applicant failed to demonstrate special or rare circumstances for not making this application in the High Court first since there was no evidence of a formal application for stay or a follow up letter on the application. Accordingly, the court allowed the preliminary objection by counsel for the respondent and dismissed the application with an order to costs.