esio nyomolelo another vs republic 2015 tzca 81 11 december 2015

esio nyomolelo another vs republic 2015 tzca 81 11 december 2015

Applicants failed to show good cause for the inordinate delay of 19 years; absence of legal officer in prison is not sufficient reason; alleged manifest error relates to evidence already determined and cannot be raised under review.

Citation
esio nyomolelo another vs republic 2015 tzca 81 11 december 2015
Parties
Applicant: Esio Nyomolelo; Applicant: Fikiri Nyomolelo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 2015
Procedural Posture
Criminal Application / Application for Extension of Time to File Review
Outcome
application dismissed
Legal Topics
Extension of Time, Review of Judgment, Delay in Filing, Manifest Error
Source Language
English
Criminal Law Procedural Law Extension of Time Review of Judgment Delay in Filing Manifest Error

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Parties

Esio Nyomolelo

Applicant

Fikiri Nyomolelo

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the applicants have shown good cause for extension of time to file review
  2. 2 Whether absence of legal officer in prison constitutes good cause for delay
  3. 3 Whether manifest error on the face of the record is established

Ratio Decidendi

Applicants failed to show good cause for the inordinate delay of 19 years; absence of legal officer in prison is not sufficient reason; alleged manifest error relates to evidence already determined and cannot be raised under review.

Court Disposition

application dismissed

Orders

  • application for extension of time to file review is dismissed