esio nyomolelo another vs republic 2015 tzca 538 16 december 2015

esio nyomolelo another vs republic 2015 tzca 538 16 december 2015

Applicants failed to show good cause for the inordinate delay of 19 years, and the reasons advanced do not meet the threshold required under Rule 10. The grounds for review raised are matters of evidence already determined and do not fall within the permissible legal grounds for review under Rule 66(1).

Citation
esio nyomolelo another vs republic 2015 tzca 538 16 december 2015
Parties
Applicant: Esio Nyomolelo; Applicant: Fikiri Nyomolelo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 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, Good Cause Requirement, Delay in Filing
Source Language
English
Criminal Law Appellate Procedure Extension of Time Review of Judgment Good Cause Requirement Delay in Filing

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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 an application for review after 19 years
  2. 2 Whether absence of legal officers in prison constitutes good cause for delay
  3. 3 Whether the grounds for review fall within permissible legal grounds under Rule 66(1)

Ratio Decidendi

Applicants failed to show good cause for the inordinate delay of 19 years, and the reasons advanced do not meet the threshold required under Rule 10. The grounds for review raised are matters of evidence already determined and do not fall within the permissible legal grounds for review under Rule 66(1).

Court Disposition

application dismissed

Orders

  • Application for extension of time to file review is dismissed.