20090316 TZHC Dodoma

20090316 TZHC Dodoma

The applicants' delay in filing their notice and petition of appeal was caused by the trial magistrate's failure to comply with section 359 of the Criminal Procedure Act, which is a sufficient reason to grant extension of time.

Citation
20090316 TZHC Dodoma
Parties
Applicant: Mengi Chimais; Applicant: Malogo Daud; Applicant: Jobu Charles; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 March 2009
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Right of Appeal, Compliance With Procedural Requirements
Source Language
English
Criminal Law Criminal Procedure Extension of Time Right of Appeal Compliance With Procedural Requirements

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Parties

Mengi Chimais

Applicant

Malogo Daud

Applicant

Jobu Charles

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants are entitled to extension of time to file notice and petition of appeal out of time
  2. 2 Whether failure by the trial magistrate to comply with section 359 of the Criminal Procedure Act constitutes sufficient reason for delay

Ratio Decidendi

The applicants' delay in filing their notice and petition of appeal was caused by the trial magistrate's failure to comply with section 359 of the Criminal Procedure Act, which is a sufficient reason to grant extension of time.

Court Disposition

Application granted

Orders

  • Applicants are given 10 days from the date of the ruling to file their notice of appeal and petition of appeal.