20130613 TZCA Mbeya1
The applicant failed to account for an unexplained 11-month delay after being advised by the Registrar, and did not demonstrate that the intended review would be based on the grounds set out in Rule 66(1). The delay was due to his own indecision and dilatory conduct, and the threshold for granting extension of time for review was not met.
- Citation
- 20130613 TZCA Mbeya1
- Parties
- Applicant: Gibson Madege; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 13 June 2013
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to File Application for Review
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Review of Judgment, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gibson Madege
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Application for Review
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an application for review out of time
- 2 Whether the intended application for review would be based on the grounds prescribed under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009
Ratio Decidendi
The applicant failed to account for an unexplained 11-month delay after being advised by the Registrar, and did not demonstrate that the intended review would be based on the grounds set out in Rule 66(1). The delay was due to his own indecision and dilatory conduct, and the threshold for granting extension of time for review was not met.
Court Disposition
Application dismissed
Orders
- Application for extension of time to file application for review out of time is dismissed.
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