Case No.:

(AC-Revision-84-I 960)

Court:

Court of Appeal

Issue No.:

1960

Principles

· Civil practice and procedure—Test case—Res judicata

The decision in a test” case does not bind the parties to a series of cases in pan materia, which have been stayed pending the decision of the test case.

Judgment

(COURT OF APPEAL)*

MAHMOUD EL ZAYAT v. MOHAMED ABDEL FATTAH

(AC-Revision-84-I 960)

Revision

Advocate: Grais Asaad for applicant

April 4, 1960. B. Awadalla J.: —This case, having been referred to me for disposal under section 176, Civil Justice Ordinance, is hereby summarily dismissed.

The whole argument of the learned advocate for applicant is that because a case agreed to have been a test case was decided in his favour, the matter of this case should be considered as res judicafa. This is not the law and the point was correctly dealt with by his honour the Province Judge. If a series of cases in pan materia is stayed pending a decision of one of them as a test case, that cannot preclude a disappointed party in any of the pending cases from insisting on a trial of his own case despite the probability of failure and the risk of costs.

(Application summarily dismissed)

• B. Awadalla J.. by authority of the Chief Justice.