erick higilukwishaka vs republic 2022 tzhc 14551 3 november 2022

The delay in filing the notice of intention to appeal and appeal was due to the applicant's transfer between prisons, which was beyond his control, and the affidavit was certified by the officer in charge of Bukoba prison, confirming its truthfulness. Therefore, sufficient cause was established to grant the extension of time.

Citation: erick higilukwishaka vs republic 2022 tzhc 14551 3 november 2022
Parties: Applicant: Erick Higilukwishaka; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 3 November 2022
Procedural Posture: Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Notice of Appeal, Appeal Procedure
Source Language: English

Criminal Law Criminal Procedure Extension of Time Notice of Appeal Appeal Procedure

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Parties

Erick Higilukwishaka

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has advanced sufficient reasons for the delay in filing notice of intention to appeal and appeal out of time

Ratio Decidendi

Court Disposition

Application granted

Orders

The applicant is ordered to file notice of intention to appeal and memorandum of appeal within 21 days from the date of receipt of this ruling.