ames kusaya vs republic 2020 tzhc 2203 5 august 2020

ames kusaya vs republic 2020 tzhc 2203 5 august 2020

The applicant advanced good cause for the delay, namely loss and subsequent retrieval of documents, which was beyond his control. The respondent did not object. The court found sufficient reason to grant the extension.

Source-derived case information.

Citation
ames kusaya vs republic 2020 tzhc 2203 5 august 2020
Parties
Applicant: James s/o Kusaya; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 August 2020
Procedural Posture
Miscellaneous 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

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

James s/o Kusaya

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous 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 advanced good cause for the delay, namely loss and subsequent retrieval of documents, which was beyond his control. The respondent did not object. The court found sufficient reason to grant the extension.

Court Disposition

Application allowed

Orders

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