elizabeth bella vs republic 2023 tzca 17533 25 august 2023
Applicant demonstrated good cause for delay due to prisoner status, delay in receiving judgment, and alleged illegality in the appellate decision arising from missing trial court record; extension of time is warranted under rule 10 of the Tanzania Court of Appeal Rules.
- Citation
- elizabeth bella vs republic 2023 tzca 17533 25 august 2023
- Parties
- Applicant: Elizabeth @ Bella; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 August 2023
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to Lodge Review
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Review of Appellate Decisions, Illegality as Ground for Extension
- Source Language
- English
Case Brief
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Parties
Elizabeth @ Bella
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to Lodge Review
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to lodge an application for review
- 2 Whether the issue of missing trial court record constitutes illegality justifying extension
Ratio Decidendi
Applicant demonstrated good cause for delay due to prisoner status, delay in receiving judgment, and alleged illegality in the appellate decision arising from missing trial court record; extension of time is warranted under rule 10 of the Tanzania Court of Appeal Rules.
Court Disposition
Application granted
Orders
- Applicant given sixty (60) days from date of ruling to lodge application for review out of time against decision in Criminal Appeal No. 293 of 2015
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