frank kahemele vs republic 2017 tzhc 2051 8 february 2017

frank kahemele vs republic 2017 tzhc 2051 8 february 2017

The applicant provided sufficient and convincing reasons for the delay, which were not due to his own fault but due to reliance on prison authorities, and the respondent did not oppose the application. Denying the extension would unjustifiably infringe the applicant's right of appeal.

Citation
frank kahemele vs republic 2017 tzhc 2051 8 february 2017
Parties
Applicant: Frank Kahemele; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2017
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Right of Appeal, Procedural Default
Source Language
English
Criminal Law Criminal Procedure Extension of Time Right of Appeal Procedural Default

Case Brief

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Parties

Frank Kahemele

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient reason for delay in lodging an appeal out of time

Ratio Decidendi

The applicant provided sufficient and convincing reasons for the delay, which were not due to his own fault but due to reliance on prison authorities, and the respondent did not oppose the application. Denying the extension would unjustifiably infringe the applicant's right of appeal.

Court Disposition

Application allowed

Orders

  • Extension of time granted for the applicant to lodge his appeal out of time
  • Applicant to file the appeal within twenty (20) days from the date of the ruling