20050302 TZHC Dar es Salaam 1

20050302 TZHC Dar es Salaam 1

Where judgment is delivered in the absence of the accused and without notice, the limitation period for appeal commences when the accused becomes aware of the judgment.

Citation
20050302 TZHC Dar es Salaam 1
Parties
Applicant: Andrew S. Mwaipaja; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2005
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Notice of Appeal, Memorandum of Appeal, Limitation Period
Source Language
English
Criminal Law Criminal Procedure Extension of Time Notice of Appeal Memorandum of Appeal Limitation Period

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Parties

Andrew S. Mwaipaja

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file application, notice of appeal, and memorandum of appeal out of time
  2. 2 When does the limitation period commence for filing an appeal when judgment is delivered in absence of the accused

Ratio Decidendi

Where judgment is delivered in the absence of the accused and without notice, the limitation period for appeal commences when the accused becomes aware of the judgment.

Court Disposition

application granted

Orders

  • Leave granted to file application out of time
  • Leave granted to file notice of appeal out of time