20160728 TZCA Mtwara 1
The applicant established good and sufficient cause for the delay, as the error was attributable to the prison authority and not to the applicant's inaction or negligence; there was no contrary evidence to disprove his explanation.
- Citation
- 20160728 TZCA Mtwara 1
- Parties
- Applicant: Faraji Likenge; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 July 2016
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Prisoners' Rights, Procedural Irregularity, Appeal Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Faraji Likenge
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has shown good and sufficient cause for delay in filing the notice of appeal
- 2 Whether the mistake of filing in the wrong court due to prison authority's error constitutes good cause
Ratio Decidendi
The applicant established good and sufficient cause for the delay, as the error was attributable to the prison authority and not to the applicant's inaction or negligence; there was no contrary evidence to disprove his explanation.
Court Disposition
Application allowed
Orders
- Applicant granted twenty-one (21) days from the date of ruling to lodge the notice of intention to appeal in the Court of Appeal.
Full Case Text
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