gurmit singh bhachu vs meet singh bhachu 2021 tzca 83 19 march 2021

gurmit singh bhachu vs meet singh bhachu 2021 tzca 83 19 march 2021

It was improper for the single judge to determine the application for extension of time to lodge an appeal before the application to strike out the notice of appeal was heard and determined. The validity of the notice of appeal was a crucial issue that should have been resolved first, and failure to do so was an oversight justifying reversal of the single judge's decision.

Citation
gurmit singh bhachu vs meet singh bhachu 2021 tzca 83 19 march 2021
Parties
Applicant: Gurmit Singh Bhachu; Respondent: Meet Singh Bhachu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 March 2021
Procedural Posture
Civil Reference / Ruling on Reference Against Single Justice's Order Granting Extension of Time
Outcome
Reference allowed; decision of single judge reversed.
Legal Topics
Extension of Time, Notice of Appeal, Administration of Estates, Doctrine of Illegality, Procedural Propriety
Source Language
English
Civil Procedure Succession Law Extension of Time Notice of Appeal Administration of Estates Doctrine of Illegality Procedural Propriety

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Parties

Gurmit Singh Bhachu

Applicant

Meet Singh Bhachu

Respondent

Procedural Posture

Civil Reference / Ruling on Reference Against Single Justice's Order Granting Extension of Time

Legal Issues

  1. 1 Whether it was proper for the single judge to determine the application for extension of time before the application to strike out the notice of appeal was heard and determined
  2. 2 Whether the doctrine of illegality was properly applied to grant extension of time

Ratio Decidendi

It was improper for the single judge to determine the application for extension of time to lodge an appeal before the application to strike out the notice of appeal was heard and determined. The validity of the notice of appeal was a crucial issue that should have been resolved first, and failure to do so was an oversight justifying reversal of the single judge's decision.

Court Disposition

Reference allowed; decision of single judge reversed.

Orders

  • The decision granting extension of time to file an appeal is reversed.
  • The application for extension of time (Civil Application No. 463/02 of 2018) reverts to its earlier position as not heard and determined.