emmanuel alloyce vs republic 2019 tzhc 187 17 december 2019
The matter is not res judicata as the applicant's appeal was struck out for being filed out of time after the first extension; the applicant demonstrated good cause for further extension, and the High Court is not functus officio.
- Citation
- emmanuel alloyce vs republic 2019 tzhc 187 17 december 2019
- Parties
- Applicant: Emmanuel Aloyce; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 December 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Res Judicata, Appeals
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Emmanuel Aloyce
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the application is res judicata
- 2 Whether the applicant has demonstrated good cause for extension of time
Ratio Decidendi
The matter is not res judicata as the applicant's appeal was struck out for being filed out of time after the first extension; the applicant demonstrated good cause for further extension, and the High Court is not functus officio.
Court Disposition
Application allowed
Orders
- Applicant to file Notice of Appeal within ten days of the date of ruling
- Petition of Appeal to be filed within forty five days of the date of ruling
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment