diblo yusuph lilembo vs the republic 2024 tzhc 97 26 january 2024

diblo yusuph lilembo vs the republic 2024 tzhc 97 26 january 2024

The applicant's reason for delay—late receipt of proceedings and judgment—was not legally sufficient as such time is automatically excluded, but considering the applicant's status as a prisoner and to avoid multiplicity of applications, extension of time was granted in the interest of justice.

Source-derived case information.

Citation
diblo yusuph lilembo vs the republic 2024 tzhc 97 26 january 2024
Parties
Applicant: Diblo Yusuph Lilembo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 January 2024
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Limitation Period
Source Language
english
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Limitation Period

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Parties

Diblo Yusuph Lilembo

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Extension of Time to File Appeal

  1. 1 Whether the applicant has shown sufficient reason for extension of time to file an appeal out of time

Ratio Decidendi

The applicant's reason for delay—late receipt of proceedings and judgment—was not legally sufficient as such time is automatically excluded, but considering the applicant's status as a prisoner and to avoid multiplicity of applications, extension of time was granted in the interest of justice.

Court Disposition

Application granted

Orders

  • Extension of time to file appeal against Criminal Case No. 103/2023 of the District Court of Masasi at Masasi is granted.
  • Appeal to be filed within 30 days from 26/01/2024.