20080901 TZCA Dar es Salaam

20080901 TZCA Dar es Salaam

The applicant's letter to the court within the prescribed time constituted sufficient notice of intention to appeal, and the delay in filing a formal notice was justified by circumstances beyond his control as a prisoner. Sufficient cause was shown for extension of time.

Citation
20080901 TZCA Dar es Salaam
Parties
Applicant: Hassan Mohamed Matope; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 September 2008
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Notice of Intention to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Notice of Intention to Appeal, Right to Be Heard, Prisoner Rights
Source Language
English

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Parties

Hassan Mohamed Matope

Applicant

The Republic

Respondent

Procedural Posture

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

  1. 1 Whether the applicant's letter requesting judgment constituted a valid notice of intention to appeal
  2. 2 Whether sufficient cause existed to grant extension of time to file notice of intention to appeal

Ratio Decidendi

The applicant's letter to the court within the prescribed time constituted sufficient notice of intention to appeal, and the delay in filing a formal notice was justified by circumstances beyond his control as a prisoner. Sufficient cause was shown for extension of time.

Court Disposition

Application allowed

Orders

  • Applicant is allowed to file his notice of intention to appeal out of time in Criminal Case No. 28 of 2001 in the High Court of Tanzania at Dar es Salaam.