hassan ramadhani vs republic 2022 tzca 169 1 april 2022

hassan ramadhani vs republic 2022 tzca 169 1 april 2022

The existence of apparent illegalities on the face of the record, including non-compliance with statutory requirements for receiving evidence and admitting exhibits, constitutes good cause to grant extension of time to appeal. The High Court erred by not considering these irregularities.

Citation
hassan ramadhani vs republic 2022 tzca 169 1 april 2022
Parties
Appellant: Hassan Ramadhani; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 April 2022
Procedural Posture
Criminal Appeal / Appeal From High Court Dismissal of Application for Extension of Time
Outcome
appeal allowed
Legal Topics
Extension of Time, Illegality as Ground for Extension, Unnatural Offence, Right to Fair Hearing
Source Language
English
Criminal Law Appellate Procedure Extension of Time Illegality as Ground for Extension Unnatural Offence Right to Fair Hearing

Case Brief

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Parties

Hassan Ramadhani

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether the High Court erred in refusing to grant extension of time to appeal
  2. 2 Whether apparent illegalities on the record constitute good cause for extension of time

Ratio Decidendi

The existence of apparent illegalities on the face of the record, including non-compliance with statutory requirements for receiving evidence and admitting exhibits, constitutes good cause to grant extension of time to appeal. The High Court erred by not considering these irregularities.

Court Disposition

appeal allowed

Orders

  • Decision of the High Court dismissing the application is quashed and substituted with an order granting the application for extension of time.
  • Appellant to lodge notice of intention to appeal within ten days of delivery of this judgment.