20070223 TZCA mwanza 2

20070223 TZCA mwanza 2

The applicant failed to provide sufficient and credible reasons for the delay in lodging the notice of appeal, as neither advocate negligence nor lack of proof of prison authority inaction constitute sufficient cause under the law.

Citation
20070223 TZCA mwanza 2
Parties
Applicant: Deogratius Kapela; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2007
Procedural Posture
Criminal Application / Application for Leave to Lodge Notice of Appeal Out of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Prisoner Rights, Advocate Negligence
Source Language
English

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Parties

Deogratius Kapela

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Leave to Lodge Notice of Appeal Out of Time

  1. 1 Whether sufficient cause was shown to warrant extension of time to file notice of appeal and memorandum of appeal out of time

Ratio Decidendi

The applicant failed to provide sufficient and credible reasons for the delay in lodging the notice of appeal, as neither advocate negligence nor lack of proof of prison authority inaction constitute sufficient cause under the law.

Court Disposition

Application dismissed

Orders

  • No extension of time granted to lodge notice of appeal or memorandum of appeal