gurmit singh vs meet singh another 2022 tzca 612 5 october 2022
The High Court erred by dismissing the suit suo motu on an issue raised without affording the appellant an opportunity to be heard, thereby violating the constitutional right to be heard under Article 13(6).
- Citation
- gurmit singh vs meet singh another 2022 tzca 612 5 october 2022
- Parties
- Appellant: Gurmit Singh; 1st Respondent: Meet Singh; 2nd Respondent: Arjan Construction Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 2022
- Procedural Posture
- Civil Appeal / Appeal From High Court Order Dismissing Suit Suo Motu at Final Pre Trial Conference
- Outcome
- appeal allowed
- Legal Topics
- Right to Be Heard, Dismissal of Suit, Probate and Administration, Suo Motu Orders, Pre Trial Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gurmit Singh
Appellant
Meet Singh
1st Respondent
Arjan Construction Ltd
2nd Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Order Dismissing Suit Suo Motu at Final Pre Trial Conference
Legal Issues
- 1 Whether the High Court's dismissal of the suit suo motu deprived the appellant of the right to be heard under Article 13(6) of the Constitution
Ratio Decidendi
The High Court erred by dismissing the suit suo motu on an issue raised without affording the appellant an opportunity to be heard, thereby violating the constitutional right to be heard under Article 13(6).
Court Disposition
appeal allowed
Orders
- Order of the High Court dismissing the suit quashed
- Record remitted to the High Court for expeditious determination of the suit at the stage it had reached before the impugned order
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