esio nyomolelo another vs republic 2015 tzca 357 16 december 2015
Applicants failed to show good cause for the inordinate delay of 19 years, and the grounds raised for review were not permissible under Rule 66(1); therefore, the application for extension of time was dismissed.
- Citation
- esio nyomolelo another vs republic 2015 tzca 357 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
Case Brief
Summary, issues, holding and outcome
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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 Whether the applicants have shown good cause for extension of time to file an application for review after 19 years
- 2 Whether absence of legal officers in prison constitutes good cause for delay
- 3 Whether the grounds raised for review fall within permissible grounds under Rule 66(1)
Ratio Decidendi
Applicants failed to show good cause for the inordinate delay of 19 years, and the grounds raised for review were not permissible under Rule 66(1); therefore, the application for extension of time was dismissed.
Court Disposition
application dismissed
Orders
- Application for extension of time to file review is dismissed.
Full Case Text
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