bundala so abdallah juma another vs republic 2019 tzca 579 12 december 2019

bundala so abdallah juma another vs republic 2019 tzca 579 12 december 2019

The High Court erred in dismissing the application for extension of time solely because the appellants did not attach affidavits from prison authorities. Once an appellant in custody establishes that he duly signed and presented the notice of appeal to the prison officer, he has performed his part. The delay caused by the prison officer is outside the appellant's control and constitutes good cause for extension of time.

Citation
bundala so abdallah juma another vs republic 2019 tzca 579 12 december 2019
Parties
Appellant: Bundala s/o Abdallah @ Juma; Appellant: Ntinginya s/o Masanja; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 December 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Dismissal of Application for Extension of Time
Outcome
appeal allowed
Legal Topics
Extension of Time, Good Cause for Delay, Prisoners' Right to Appeal
Source Language
English
Criminal Law Appellate Procedure Extension of Time Good Cause for Delay Prisoners' Right to Appeal

Case Brief

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Parties

Bundala s/o Abdallah @ Juma

Appellant

Ntinginya s/o Masanja

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether the High Court erred in dismissing the application for extension of time due to lack of affidavit from prison authorities
  2. 2 Whether the appellants demonstrated good cause for delay in lodging notice and petition of appeal

Ratio Decidendi

The High Court erred in dismissing the application for extension of time solely because the appellants did not attach affidavits from prison authorities. Once an appellant in custody establishes that he duly signed and presented the notice of appeal to the prison officer, he has performed his part. The delay caused by the prison officer is outside the appellant's control and constitutes good cause for extension of time.

Court Disposition

appeal allowed

Orders

  • Appellants to lodge requisite notices of appeal within ten days from the date of delivery of the ruling.
  • Appellants to file petitions of appeal within forty-five days upon being supplied with the record of proceedings and judgment by the trial court.