20140515 TZCA Mbeya

20140515 TZCA Mbeya

The appeal is not properly before the Court as it challenges an order superseded by a subsequent refusal of extension of time; however, in the interests of justice, the appellant is granted thirty days to file an appeal against the correct order dated 15/6/2004.

Citation
20140515 TZCA Mbeya
Parties
Appellant: Hamad Idd Madale Fundikira; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 May 2014
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection
Outcome
appellant granted leave to file appeal within thirty days
Legal Topics
Extension of Time, Time Barred Appeals, Procedural Fairness
Source Language
English
Criminal Law Appellate Procedure Extension of Time Time Barred Appeals Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hamad Idd Madale Fundikira

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is properly before the Court given prior orders on extension of time
  2. 2 Whether the appellant should be granted further opportunity to appeal after refusal of extension of time by the High Court

Ratio Decidendi

The appeal is not properly before the Court as it challenges an order superseded by a subsequent refusal of extension of time; however, in the interests of justice, the appellant is granted thirty days to file an appeal against the correct order dated 15/6/2004.

Court Disposition

appellant granted leave to file appeal within thirty days

Orders

  • Appellant granted thirty days to file an appeal against the High Court order dated 15/6/2004 refusing extension of time.