hamad so abdul said vs the republic 2023 tzhc 19940 9 august 2023
The applicant, being a prisoner, was delayed due to circumstances beyond his control, specifically late receipt of necessary documents and reliance on prison authorities. He acted diligently once able, and the respondent did not oppose the application. Therefore, extension of time is justified.
- Citation
- hamad so abdul said vs the republic 2023 tzhc 19940 9 august 2023
- Parties
- Applicant: Hamad s/o Abdul @ Said; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 August 2023
- Procedural Posture
- Misc. Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Out of Time, Prisoners' Rights
- Source Language
- English
Case Brief
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Parties
Hamad s/o Abdul @ Said
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time
Ratio Decidendi
The applicant, being a prisoner, was delayed due to circumstances beyond his control, specifically late receipt of necessary documents and reliance on prison authorities. He acted diligently once able, and the respondent did not oppose the application. Therefore, extension of time is justified.
Court Disposition
Application granted
Orders
- Extension of time granted to lodge petition of appeal out of time
- Notice of appeal remains valid
Full Case Text
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