The applicant filed a suit against the respondents in the
High Court claiming for his share in a property jointly owned by his siblings.
In his pleadings in the High Court, he attached a Judgment by Sambo J. in High
Court Civil Appeal No. 14 of 2006 in which he had allowed the appeal. That
appeal was filed against the decision in the Arusha District Court, Civil Case
No 34 of 2004. The case came to the High Court for framing issues in 2003 and
the main issue before the Court was whether the Plaintiff owned 41.6% of the
shares in the property in question. The Court after hearing the plaintiff’s
case ordered to stay the suit and referred the same to the Court of Appeal for
guidance, hence this application.