20061228 TZCA Dar es Salaam

20061228 TZCA Dar es Salaam

Sufficient reason exists to grant extension of time where the intended appeal has overwhelming chances of success and the conviction is based on irregularly admitted evidence, especially when the respondent concedes the conviction cannot be safely sustained.

Citation
20061228 TZCA Dar es Salaam
Parties
Applicant: Ibrahim Makata; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 December 2006
Procedural Posture
Criminal Application / Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Conviction Based on Confession, Procedural Irregularities
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeals Conviction Based on Confession Procedural Irregularities

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Parties

Ibrahim Makata

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient reason exists to grant extension of time to file notice of appeal against High Court ruling refusing extension of time to appeal conviction and sentence
  2. 2 Whether the intended appeal has overwhelming chances of success

Ratio Decidendi

Sufficient reason exists to grant extension of time where the intended appeal has overwhelming chances of success and the conviction is based on irregularly admitted evidence, especially when the respondent concedes the conviction cannot be safely sustained.

Court Disposition

application granted

Orders

  • The applicant is given ten (10) days from the date of delivery of this ruling within which to lodge his notice of appeal to this Court against the ruling of the High Court dated 16th August, 2005.