20061222 TZCA Dar es salaam
Sufficient reason exists to grant extension of time where the conviction is challenged on grounds of irregularly admitted evidence and both parties agree the intended appeal has overwhelming chances of success, to avoid the risk of wrongful imprisonment.
- Citation
- 20061222 TZCA Dar es salaam
- Parties
- Applicant: Ibrahim Makata; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 December 2006
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Conviction Based on Confessions, Irregular Admission of Evidence
- Source Language
- English
Case Brief
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Parties
Ibrahim Makata
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether sufficient reason exists to grant extension of time to appeal
- 2 Whether the intended appeal has overwhelming chances of success
Ratio Decidendi
Sufficient reason exists to grant extension of time where the conviction is challenged on grounds of irregularly admitted evidence and both parties agree the intended appeal has overwhelming chances of success, to avoid the risk of wrongful imprisonment.
Court Disposition
Application granted
Orders
- The applicant is given ten (10) days from the date of delivery of this ruling within which to lodge his notice of appeal to this Court against the ruling of the High Court dated 16th August, 2005.
Full Case Text
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