frank mlowezi vs republic 2021 tzhc 5887 13 august 2021
The applicant, being a prisoner and having been transferred between prisons, had no control over his affairs, and the delay was due to circumstances beyond his control. Good cause was shown for extension of time.
- Citation
- frank mlowezi vs republic 2021 tzhc 5887 13 august 2021
- Parties
- Applicant: Frank Mlowezi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 August 2021
- Procedural Posture
- Misc. Criminal Application / Ruling on Application for Extension of Time to File Notice and Petition of Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Prisoner Rights
- Source Language
- English
Case Brief
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Parties
Frank Mlowezi
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time to File Notice and Petition of Appeal
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to file notice of intention to appeal and petition of appeal out of time
Ratio Decidendi
The applicant, being a prisoner and having been transferred between prisons, had no control over his affairs, and the delay was due to circumstances beyond his control. Good cause was shown for extension of time.
Court Disposition
Application granted
Orders
- Applicant to lodge notice of appeal within fourteen (14) days from the date of delivery of this ruling
- Applicant to lodge petition of appeal within forty five (45) days thereafter
Full Case Text
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