emanuel martin and 2 others vs r 2020 tzhc 4325 7 december 2020

emanuel martin and 2 others vs r 2020 tzhc 4325 7 december 2020

The appeal was filed out of time despite extension granted; evidence shows applicants had access to necessary documents before the deadline.

Citation
emanuel martin and 2 others vs r 2020 tzhc 4325 7 december 2020
Parties
Applicant: Emmanuel Martin; Applicant: Bryson Sanga; Applicant: John Waziri Mwamahonje; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 December 2020
Procedural Posture
Criminal Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Extension of Time, Appeal Procedure, Striking Out Incompetent Appeal
Source Language
English

Case Brief

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Parties

Emmanuel Martin

Applicant

Bryson Sanga

Applicant

John Waziri Mwamahonje

Applicant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Competence of Appeal

  1. 1 Whether the appeal was filed within the extended time granted by the court
  2. 2 Whether delay in filing the appeal was justified

Ratio Decidendi

The appeal was filed out of time despite extension granted; evidence shows applicants had access to necessary documents before the deadline.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out
  • Applicants advised to apply afresh for extension of time if desired