MGAMBWA SADALA MCHIWA

MGAMBWA SADALA MCHIWA

The applicant demonstrated sufficient cause for delay, as he was in prison and dependent on prison officers for document preparation. The previous appeal was withdrawn due to defects. The court is satisfied that the reasons justify extension of time.

Citation
MGAMBWA SADALA MCHIWA
Parties
Mleta Maombi: Mgambwa Sadala Mchiwa @ Mussa Sadala Mchiwa; Mjibu Maombi: Jamhuri
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Maombi Madogo Ya Jinai / Uamuzi Wa Maombi Ya Kuongezewa Muda Wa Kukata Rufaa
Outcome
Application granted
Legal Topics
Extension of Time, Right of Appeal, Procedural Default
Source Language
English
Criminal Law Criminal Procedure Extension of Time Right of Appeal Procedural Default

Case Brief

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Parties

Mgambwa Sadala Mchiwa @ Mussa Sadala Mchiwa

Mleta Maombi

Jamhuri

Mjibu Maombi

Procedural Posture

Maombi Madogo Ya Jinai / Uamuzi Wa Maombi Ya Kuongezewa Muda Wa Kukata Rufaa

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file notice of intention to appeal and appeal out of time

Ratio Decidendi

The applicant demonstrated sufficient cause for delay, as he was in prison and dependent on prison officers for document preparation. The previous appeal was withdrawn due to defects. The court is satisfied that the reasons justify extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file notice of intention to appeal within 10 days from the date of this ruling.
  • Applicant to file appeal within 45 days from the date of this ruling.