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The applicant's inability to communicate with relatives and loss of access to court records due to prison transfer constituted sufficient cause for delay, justifying extension of time under section 361(2) of the CPA.

Source-derived case information.

Citation
image0017
Parties
Applicant: Athuman Mohammed; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 March 2023
Procedural Posture
Misc Criminal Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Appeal Procedure, Good Cause for Delay
Source Language
english
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Good Cause for Delay

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Parties

Athuman Mohammed

Applicant

Republic

Respondent

Procedural Posture

Misc Criminal Application / Ruling on Application for Extension of Time

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file notice and petition of appeal out of time

Ratio Decidendi

The applicant's inability to communicate with relatives and loss of access to court records due to prison transfer constituted sufficient cause for delay, justifying extension of time under section 361(2) of the CPA.

Court Disposition

Application allowed

Orders

  • Applicant to lodge notice of appeal within 10 days
  • Applicant to lodge petition of appeal within 45 days from the date of ruling