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Tanzania Judgment

TANZLII

CYPRIAN MWONDOBA KAHOHO Extension of Time

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Republic

Respondent Counsel: Ms. Rose Kimaro, State Attorney

Amounts and remedies

  • Imprisonment Sentence (original Conviction): 20

03

Procedural history

  1. 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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 21 November 2023

CYPRIAN MWONDOBA KAHOHO Extension of Time

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Wildlife Conservation Act [Cap 5 RE 2009]

Legislation

Legislation referenced in the available case record.

Economic and Organized Crime Control Act [Cap. 200 RE 2019]

Legislation

Legislation referenced in the available case record.

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