20091111 TZHC Dodoma
The applicant demonstrated good and sufficient cause for the delay, as the failure to file the notice and petition of appeal in time was due to the prison authority's neglect, not the applicant's fault.
Source-derived case information.
- Citation
- 20091111 TZHC Dodoma
- Parties
- Applicant: Anuary Chungu @ Chura; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 November 2009
- Procedural Posture
- Misc. Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Prisoners' Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anuary Chungu @ Chura
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown good and sufficient cause for delay in filing notice and petition of appeal out of time
Ratio Decidendi
The applicant demonstrated good and sufficient cause for the delay, as the failure to file the notice and petition of appeal in time was due to the prison authority's neglect, not the applicant's fault.
Court Disposition
Application granted
Orders
- Applicant given ten (10) days from the date of ruling to file notice of appeal and petition of appeal
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DODOMA MISC. CRIMINAL APPLICATION NO. 56 OF 2009 {ORIGINAL CRIMINAL CASE NO. 399 OF 2007 OF THE DISTRICT COURT OF DODOMA AT DODOMA ANUARY CHUNGU @ CHURA ............. APPLICANT Versus THE REPUBLIC ................................. RESPONDENT 11/11/2009 & 11/11/2009 RULING HON. MADAM, SHANGALI, J. In this application the applicant Anuary Chungu @ Chura is seeking for leave to file his notice of appeal and petition of appeal out of time. His application has been made under the provisions of section 361(1) and (2) of the Criminal Procedure Act, and duly supported by his own affidavit. The applicant has informed this court that he was convicted and sentenced on 1/04/2008 to suffer three (3) years imprisonment. On the same date and time he informed the trial court on his intention to appeal. 2 When he was taken to Isanga Prison he informed the admission office on the same intention and he was assisted to prepare his notice of appeal. He stated that the main rea.son of delay was caused by the prison authority which neglected or failed to transmit his notice of appeal to the court. The notice was prepared and signed on 4/04/2008. Applicant stated that even his memorandum/petition of appeal was ready by 26/03/2009 having received a copy of judgement on 22/03/2009. The applicant complained that as a prisoner in captivity he could not submit the documents to the court direct for filing. That was the duty of the prison authority, his captors who which failed or neglected to do it. Mr. Mayeye, Learned State Attorney who appeared for the respondent/Republic conceded to the applicant's application. He shortly submitted that the application is sound anc;J the delay was not caused by the applicant. This application is tenable in law and the applicant has shown good and sufficient reason for th'e delay. It follows that, the application is granted. The applicant is given 'ten (10) days from todate to file his notice of appeal and petition of appeal. M.S. 11/11/2009