ally kibwe vs republic 2020 tzhc 4195 19 november 2020

ally kibwe vs republic 2020 tzhc 4195 19 november 2020

The applicant demonstrated good cause for delay, as the failure to appeal in time was due to delayed receipt of the judgment copy from the trial court, which was beyond his control. The respondent did not object, and the supporting affidavit from the prison officer corroborated the applicant's explanation.

Citation
ally kibwe vs republic 2020 tzhc 4195 19 november 2020
Parties
Applicant: Ally s/o Kibwe; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 November 2020
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause for Delay
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Sufficient Cause for Delay

Case Brief

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Parties

Ally s/o Kibwe

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has advanced sufficient reason for delay in filing notice of intention to appeal and petition of appeal

Ratio Decidendi

The applicant demonstrated good cause for delay, as the failure to appeal in time was due to delayed receipt of the judgment copy from the trial court, which was beyond his control. The respondent did not object, and the supporting affidavit from the prison officer corroborated the applicant's explanation.

Court Disposition

Application allowed

Orders

  • Applicant granted ten (10) days from the date of ruling to file notice of intention to appeal
  • Applicant granted forty five (45) days from the date of ruling to file petition of appeal to the High Court