edson swahili mhele vs republic 2007 tzhc 406 5 september 2007

edson swahili mhele vs republic 2007 tzhc 406 5 september 2007

Given the prolonged delay by both the court and the respondent in processing the application, and the impossibility of investigating the cause of delay at this late stage, the only fair course is to allow the applicant to be heard on appeal.

Citation
edson swahili mhele vs republic 2007 tzhc 406 5 september 2007
Parties
Applicant: Edson Swahili Mhele; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 2007
Procedural Posture
Criminal / Application for Extension of Time to Appeal
Outcome
application allowed
Legal Topics
Extension of Time, Right to Appeal, Fair Trial, Due Process
Source Language
English
Criminal Law Procedural Law Extension of Time Right to Appeal Fair Trial Due Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Edson Swahili Mhele

Applicant

The Republic

Respondent

Procedural Posture

Criminal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of appeal and appeal out of time
  2. 2 Whether delay was justified and attributable to prison authorities

Ratio Decidendi

Given the prolonged delay by both the court and the respondent in processing the application, and the impossibility of investigating the cause of delay at this late stage, the only fair course is to allow the applicant to be heard on appeal.

Court Disposition

application allowed

Orders

  • Applicant granted 45 days to process and file appeal