emmanuel ngoila vs the republic 2023 tzhc 252 30 january 2023

emmanuel ngoila vs the republic 2023 tzhc 252 30 january 2023

The applicant demonstrated sufficient cause for the delay, as the delay was due to the actions of the prison officer and not within the applicant's control, and the respondent did not oppose the application.

Citation
emmanuel ngoila vs the republic 2023 tzhc 252 30 january 2023
Parties
Applicant: Emmanuel Ngoila; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 January 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Good Cause for Delay
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Good Cause for Delay

Case Brief

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Parties

Emmanuel Ngoila

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient reason for delay to warrant extension of time to file an appeal

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay, as the delay was due to the actions of the prison officer and not within the applicant's control, and the respondent did not oppose the application.

Court Disposition

Application granted

Orders

  • The applicant is granted extension of time to file an appeal.
  • The applicant must file the appeal within twenty-one (21) days from the date of this order.