Singh v Singh
Singh v Singh (Civil Appeal No. 2 of 1952) [1952] EACA 298 (1 January 1952)
The refusal by the Magistrate to grant an adjournment, given the appellant's distant residence and the short notice of the hearing, constituted an unjudicial exercise of discretion and resulted in a denial of justice. The appellant was not guilty of any conduct that would disentitle him to an adjournment, and no injustice would have been caused to the respondent by granting it. The appellate court found that the Magistrate failed to consider the circumstances adequately and dismissed the application without reason, thereby necessitating appellate intervention. The judgment was set aside and a…
Source excerpt
- Adjournment Discretion
- Judicial Exercise Of Discretion
- Notice Of Hearing
- Denial Of Justice