20120514 TZHC Dar es Salaam

20120514 TZHC Dar es Salaam

The applicant's inability to file an appeal within the prescribed period was due to the conduct of his advocate, who delayed action pending payment of fees. Given the applicant's incarceration and lack of personal capacity to act, this constitutes good cause under section 361(2) of the Criminal Procedure Act to grant extension of time.

Citation
20120514 TZHC Dar es Salaam
Parties
Applicant: Said Rashidi @ Lipinde; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 May 2012
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeal Procedure, Good Cause for Delay
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Good Cause for Delay

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Parties

Said Rashidi @ Lipinde

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether lack of due diligence by an advocate constitutes good cause for extension of time under section 361(2) of the Criminal Procedure Act
  2. 2 Whether section 14(1) of the Law of Limitation Act applies to criminal appeals

Ratio Decidendi

The applicant's inability to file an appeal within the prescribed period was due to the conduct of his advocate, who delayed action pending payment of fees. Given the applicant's incarceration and lack of personal capacity to act, this constitutes good cause under section 361(2) of the Criminal Procedure Act to grant extension of time.

Court Disposition

Application allowed

Orders

  • Applicant is given ten days from the date of the ruling to lodge notice of intention to appeal.
  • Applicant to lodge appeal within forty-five days of the ruling.