yazidi khassim mbakileki vs crdb 1996 ltd another 2019 tzca 117 16 may 2019
The High Court's failure to hear the parties on the merits of the application for extension of time constituted a serious irregularity and illegality, violating the right to be heard and natural justice, which is good cause for extension of time.
- Citation
- yazidi khassim mbakileki vs crdb 1996 ltd another 2019 tzca 117 16 may 2019
- Parties
- Applicant: Vazidi Kassim Mbakileki; 1st Respondent: CRDB (1996) Ltd; 2nd Respondent: Jackem Auction Marts and Court Broker
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 May 2019
- Procedural Posture
- Civil Reference / Reference From Single Justice Decision on Extension of Time
- Outcome
- reference allowed
- Legal Topics
- Extension of Time, Right to Be Heard, Natural Justice, Leave to Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Vazidi Kassim Mbakileki
Applicant
CRDB (1996) Ltd
1st Respondent
Jackem Auction Marts and Court Broker
2nd Respondent
Procedural Posture
Civil Reference / Reference From Single Justice Decision on Extension of Time
Legal Issues
- 1 Whether failure to hear parties on merits in extension application constitutes illegality justifying extension of time
- 2 Whether the single Justice erred in not considering violation of right to be heard as good cause
Ratio Decidendi
The High Court's failure to hear the parties on the merits of the application for extension of time constituted a serious irregularity and illegality, violating the right to be heard and natural justice, which is good cause for extension of time.
Court Disposition
reference allowed
Orders
- Decision of the single Justice reversed
- Applicant granted extension of time to apply for leave to appeal
Full Case Text
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