abdul abdallah mdafar vs republic 2023 tzhc 15954 10 march 2023
The applicant demonstrated sufficient cause for delay, as the reasons were beyond his control and not due to negligence or lack of diligence, justifying the court's exercise of discretion to grant the extension.
- Citation
- abdul abdallah mdafar vs republic 2023 tzhc 15954 10 march 2023
- Parties
- Applicant: Abdul Abdallah Mdafar; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 March 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Notice of Appeal, Good Cause for Delay
- Source Language
- English
Case Brief
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Parties
Abdul Abdallah Mdafar
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file notice of appeal out of time
Ratio Decidendi
The applicant demonstrated sufficient cause for delay, as the reasons were beyond his control and not due to negligence or lack of diligence, justifying the court's exercise of discretion to grant the extension.
Court Disposition
Application granted
Orders
- Applicant is given thirty (30) days from the date of the ruling to lodge his Notice of Appeal to the Court of Appeal of Tanzania.
Full Case Text
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