daud mwakalinga vs majuto lucas 2023 tzhc 17631 31 may 2023
Applicant demonstrated good cause for delay due to circumstances beyond his control as a prisoner; court exercised discretion to extend time.
- Citation
- daud mwakalinga vs majuto lucas 2023 tzhc 17631 31 may 2023
- Parties
- Applicant: Daud Mwakalinga; Respondent: Majuto Lucas
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 May 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- application granted
- Legal Topics
- Extension of Time, Appeals, Prisoner Rights
- Source Language
- English
Case Brief
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Parties
Daud Mwakalinga
Applicant
Majuto Lucas
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 whether there is justification for the court to exercise discretion to extend time for filing notice and petition of appeal
Ratio Decidendi
Applicant demonstrated good cause for delay due to circumstances beyond his control as a prisoner; court exercised discretion to extend time.
Court Disposition
application granted
Orders
- Applicant to lodge notice of appeal within 21 days from date of ruling to convicting court.
- Applicant to lodge petition of appeal within 45 days thereafter.
Full Case Text
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