abel so matondo vs the republic 2023 tzhc 20192 14 august 2023

abel so matondo vs the republic 2023 tzhc 20192 14 august 2023

The applicant's delay in filing the appeal was due to circumstances beyond his control, specifically his transfer between prisons and delay in obtaining the judgment copy, thus sufficient cause for extension of time was established.

Citation
abel so matondo vs the republic 2023 tzhc 20192 14 august 2023
Parties
Applicant: Abel s/o Matondo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 August 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Right of Appeal, Prisoner Rights
Source Language
English
Criminal Law Criminal Procedure Extension of Time Right of Appeal Prisoner Rights

Case Brief

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Parties

Abel s/o Matondo

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file an appeal out of time

Ratio Decidendi

The applicant's delay in filing the appeal was due to circumstances beyond his control, specifically his transfer between prisons and delay in obtaining the judgment copy, thus sufficient cause for extension of time was established.

Court Disposition

Application granted

Orders

  • Applicant is given 21 days from the date of the ruling to file his appeal