CRIMINAL APPLICATION NO
The applicant established sufficient cause for the delay, as it was not due to his own fault and the respondent did not object; therefore, the court exercised its discretion to grant the extension.
Source-derived case information.
- Citation
- CRIMINAL APPLICATION NO
- Parties
- Applicant: Elisha Charles; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Appeal Procedure, Limitation of Actions
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elisha Charles
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file notice of appeal and appeal out of time
Ratio Decidendi
The applicant established sufficient cause for the delay, as it was not due to his own fault and the respondent did not object; therefore, the court exercised its discretion to grant the extension.
Court Disposition
Application allowed
Orders
- Leave granted for the applicant to file notice of appeal within 14 days
- Applicant to file appeal within 30 days from the date of receipt of the copy of this ruling
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA ARUSHA SUB REGISTRY AT ARUSHA CRIMINAL APPLICATION NO. 9489 OF 2024 (originating from Criminal Case No. 147 of 2022, in the District Court of Arusha at Arusha) ELISHA CHARLES............................................................................ APPLICANT VERSUS THE REPUBLIC..............................................................................RESPONDENT RULING 30/05/2024 & 06/06/2024 NDUMBARO, J The applicant has brought this application under the provisions of sections 10 of the Appellate Jurisdiction Act Cap 14 R.E 2002, section 361 (1) (b) of the Criminal Procedure Act Cap 20 R.E 2019 and section 14 (1) & (2) of the Lawof Limitation Act, Cap 89 R.E 2019 where the applicant is seekingfor extension of time tofile the notice of appeal and his appeal out of time. The application is supported by the sworn affidavit of the applicant where reasons for the delay are stated. At the hearing of the application the applicant appeared in person unrepresented, while the respondent was represented by Ms Naomi i Molel, learned State Senior Attorney who did not intend to object on the application. Powers to grant applications for extension of time are vested to the court, such powers are discretionary but needs to be exercised judicially which means that before granting prayers for extension of time the court must be satisfied that sufficient cause for the delay has been well established by the applicant. I have gone through the applicant's application; in his affidavit he has stated that the reason for his delay was his notice of appeal was not found in the prison admission office, the effort was made looking for the said notice finally it was found but he was out of time to lodge an appeal. He concluded that his delay was beyond his ability because he is prosumer and thus urged this court to grant the application. From the above facts deponed by the applicant, I find no reason as to why this application should not be granted as the applicant did not contribute his delay, moreover the respondent did not object the application. Consequently, this application is allowed. Leave is granted for the applicant to file his notice of appeal within 14 days and his appeal should also be filed within 30 days from the date of receipt of the copy of this ruling respectively. It is so ordered. D. D. NDUMBARO JUDGE 06/ 06/2024 3