meet singh bhachu vs gurmmit singh bhachu 2019 tzca 659 13 december 2019

meet singh bhachu vs gurmmit singh bhachu 2019 tzca 659 13 december 2019

The Court of Appeal has exclusive jurisdiction to entertain applications for extension of time to lodge appeals; applicant's failure to account for every day of delay was mitigated by apparent points of law and alleged illegalities in the High Court decision, which constitute good cause for extension of time.

Citation
meet singh bhachu vs gurmmit singh bhachu 2019 tzca 659 13 december 2019
Parties
Applicant: Meet Singh Bhachu; Respondent: Gurmit Singh Bhachu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Lodge Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Jurisdiction, Illegality as Ground for Extension
Source Language
English
Civil Procedure Probate and Administration Extension of Time Appeals Jurisdiction Illegality as Ground for Extension

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Parties

Meet Singh Bhachu

Applicant

Gurmit Singh Bhachu

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Lodge Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has exclusive jurisdiction to entertain applications for extension of time to lodge appeals
  2. 2 Whether the applicant has shown good cause for extension of time
  3. 3 Whether alleged illegalities in the High Court decision justify extension of time

Ratio Decidendi

The Court of Appeal has exclusive jurisdiction to entertain applications for extension of time to lodge appeals; applicant's failure to account for every day of delay was mitigated by apparent points of law and alleged illegalities in the High Court decision, which constitute good cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file intended appeal within sixty (60) days of this ruling
  • Costs to abide by the results of the appeal