20100630 TZHC Dodoma

20100630 TZHC Dodoma

The delay in filing the notice of intention to appeal was caused by the prison authorities, not the applicant; therefore, extension of time is justified and granted for filing the notice of appeal only.

Citation
20100630 TZHC Dodoma
Parties
Applicant: Hamisi Mfaume; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2010
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Partly allowed
Legal Topics
Extension of Time, Notice of Appeal, Prison Authority Responsibility
Source Language
English
Criminal Law Appellate Procedure Extension of Time Notice of Appeal Prison Authority Responsibility

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Parties

Hamisi Mfaume

Applicant

The Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted extension of time to file notice of intention to appeal out of time
  2. 2 Whether delay was justified

Ratio Decidendi

The delay in filing the notice of intention to appeal was caused by the prison authorities, not the applicant; therefore, extension of time is justified and granted for filing the notice of appeal only.

Court Disposition

Partly allowed

Orders

  • Applicant granted thirty (30) days from the date of ruling to file notice of intention to appeal in terms of Rule 68 of the Court of Appeal Rules
  • Application to file memorandum of appeal out of time is refused as premature