ally mohamedi mkupa vs republic 2007 tzhc 186 29 may 2007

The applicant demonstrated good cause for the delay, as he was under custody and relied on Prison Officers to file his notice of appeal, and the respondent did not oppose the application.

Citation: ally mohamedi mkupa vs republic 2007 tzhc 186 29 may 2007
Parties: Applicant: Ally Mohamed @ Mkupa; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 May 2007
Procedural Posture: Misc. Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome: Application granted
Legal Topics: Extension of Time, Appeal Out of Time, Rape Conviction, Prisoner Rights
Source Language: English

Criminal Law Criminal Procedure Extension of Time Appeal Out of Time Rape Conviction Prisoner Rights

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Parties

Ally Mohamed @ Mkupa

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

1 Whether the applicant has shown good cause for extension of time to file notice and petition of appeal

Ratio Decidendi

The applicant demonstrated good cause for the delay, as he was under custody and relied on Prison Officers to file his notice of appeal, and the respondent did not oppose the application.

Court Disposition

Application granted

Orders

Applicant to file notice of appeal within 10 days from the date of ruling
Applicant to file petition of appeal within 15 days from the date of ruling