fadhili yahaya vs republic 2011 tzca 198 21 september 2011

fadhili yahaya vs republic 2011 tzca 198 21 september 2011

The applicant failed to show good cause for the delay, did not demonstrate the intended review had prospects of success, and did not substantiate the alleged technical delay with supporting affidavit evidence.

Citation
fadhili yahaya vs republic 2011 tzca 198 21 september 2011
Parties
Applicant: Fadhili Yahaya; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 September 2011
Procedural Posture
Criminal Application / Ruling on Application for Enlargement of Time to File Review
Outcome
Application dismissed
Legal Topics
Extension of Time, Review of Judgment, Affidavit Evidence
Source Language
English
Criminal Law Appellate Procedure Extension of Time Review of Judgment Affidavit Evidence

Case Brief

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Parties

Fadhili Yahaya

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Enlargement of Time to File Review

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for review
  2. 2 Whether lack of supporting affidavit and failure to show likelihood of success are fatal to the application

Ratio Decidendi

The applicant failed to show good cause for the delay, did not demonstrate the intended review had prospects of success, and did not substantiate the alleged technical delay with supporting affidavit evidence.

Court Disposition

Application dismissed

Orders

  • Application for enlargement of time is dismissed.