CYPRIAN MWONDOBA KAHOHO Extension of Time
- Citation
- CYPRIAN MWONDOBA KAHOHO Extension of Time
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 21 November 2023
- Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Language
- English
More details
- Court
- TANZLII
- Decision
- 21 November 2023
- Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant demonstrated genuine reasons for the delay, specifically technical issues with the Electronic Case Management System, and the respondent did not object; therefore, extension of time was granted.
Court disposition
Application granted
Orders
- Time is extended for the applicant to lodge his petition of appeal before this court within 30 days from the date of the ruling.
02
Material facts
Parties
Cyprian Mwondoba @ Kahoho
ApplicantRepublic
Respondent Counsel: Ms. Rose Kimaro, State AttorneyAmounts and remedies
- Imprisonment Sentence (original Conviction): 20
03
Procedural history
Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
04
Questions and positions
Legal issues
Whether the applicant has shown sufficient cause for extension of time to appeal
Party arguments
- Applicant
- The delay in filing the appeal was due to problems in the Electronic Case Management System at the Prison Office, which was beyond the applicant's control.
- Respondent
- The respondent, through State Attorney Ms. Rose Kimaro, did not object to the application for extension of time.
05
Court’s reasoning
Legal principles
- 01
General principles of procedural law
Extension of time may be granted where sufficient cause for delay is shown and there is no objection from the respondent.
06
Ratio, limits and disposition
Ratio decidendi
The applicant demonstrated genuine reasons for the delay, specifically technical issues with the Electronic Case Management System, and the respondent did not object; therefore, extension of time was granted.
Court disposition
Application granted
- Time is extended for the applicant to lodge his petition of appeal before this court within 30 days from the date of the ruling.
Source and reliance status
TANZLII · 21 November 2023
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 21 November 2023
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB - REGISTRY OF SHINYANGA
AT SHINYANGA MISC. CRIMINAL APPLICATION REF NO. 202407292000021155 CYPRIAN MWONDOBA @ KAHOHO ……………………….. APPLICANT
VERSUS REPUBLIC .....………………………………………….….… RESPONDENT [Application from the decision of the District Court of Bariadi at Bariadi.] (Hon. C. E. Kiliwa, SRM.) dated the 21st day of November, 2023 in Economic Case No. 36 of 2023 -----------
RULING Date of Last Order; 11th September, 2024. Date of Ruling; 11th September, 2024. S.M. KULITA, J. This is an application for extension of time to appeal before this court, filed by the Applicant herein. The Applicant lodged this application so that he can appeal against the decision of Bariadi District Court in the Economic Case No. 36 of 2023 in which he was convicted and sentenced to, among the other penalties, 20 (Twenty) years’ imprisonment for Unlawful Possession of Government Trophies, contrary to section 8(1)(2)(c)(iii) of the Wildlife Conservation Act [Cap 5 RE 2009], read together with sections 57(1) and 60(2) and Paragraph 14 of the 1st Schedule to the Economic and Organized Crime Control Act [Cap. 200 RE 2019]. The Applicant advanced the reasons for delay being the problem in the Electronic Case Management System which led the Prison Office, at which he is detained as a prisoner, failing to lodge the said appeal in time. He thus prays for extension of time to lodge the appeal as the said issue was beyond his control. On the other hand, the Respondent/Republic, through its Counsel, Ms. Rose Kimaro, State Attorney, has no objection with the prayer, that the time be extended for the Applicant to lodge his appeal. That being the case, as the arguments for the delay are genuine and that there is no objection from the opponent party, the Republic, the application is hereby granted as sought. The time is thus extended for the Applicant to lodge his petition of appeal before this court. That should be done in 30 (thirty) days’ period from today. It is so ordered. S.M. KULITA
JUDGE 11/09/2024 DATED at SHINYANGA this 11th day of September, 2024 S.M. KULITA
JUDGE 11/09/2024
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