cosmas faustine vs republic 2020 tzca 1905 17 december 2020
Applicant failed to show good cause for inordinate delay and did not meet the legal requirements for extension of time; judicial discretion cannot be exercised based on sympathy.
- Citation
- cosmas faustine vs republic 2020 tzca 1905 17 december 2020
- Parties
- Applicant: Cosmas Faustine; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 17 December 2020
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to File Review
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Review of Appellate Judgment, Judicial Discretion
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Parties
Cosmas Faustine
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Review
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to file application for review
- 2 Whether the delay of 8 years can be excused under Rule 10 of the Tanzania Court of Appeal Rules 2009
Ratio Decidendi
Applicant failed to show good cause for inordinate delay and did not meet the legal requirements for extension of time; judicial discretion cannot be exercised based on sympathy.
Court Disposition
Application dismissed
Orders
- Application for extension of time is dismissed
Full Case Text
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