20141029 TZCA Mwanza

20141029 TZCA Mwanza

The application was incompetent as it was not properly before the Court of Appeal; the applicant should have applied to the High Court for extension of time after the lapse of the earlier extension granted.

Citation
20141029 TZCA Mwanza
Parties
Applicant: Joseph Ngeleya; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 October 2014
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Appeal Out of Time
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Appeal Procedure, Competency of Application
Source Language
English
Criminal Law Appellate Procedure Extension of Time Appeal Procedure Competency of Application

Case Brief

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Parties

Joseph Ngeleya

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time to File Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file an appeal out of time
  2. 2 Whether the application is properly before the Court of Appeal

Ratio Decidendi

The application was incompetent as it was not properly before the Court of Appeal; the applicant should have applied to the High Court for extension of time after the lapse of the earlier extension granted.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • Applicant advised to file appropriate application in the High Court and elaborate reasons for delay