isack maembe vs the republic 2024 tzhc 908 12 march 2024
- Citation
- isack maembe vs the republic 2024 tzhc 908 12 march 2024
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 12 March 2024
- Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 12 March 2024
- Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant demonstrated sufficient cause for delay in filing the notice of appeal, as he was not provided with the judgment copy in time due to circumstances beyond his control. The court found it just to grant the extension to enable exercise of the right to appeal.
Court disposition
Application granted
Orders
- The applicant is granted leave to file an appeal out of time.
- The applicant must file his Notice of Appeal and Memorandum of Appeal within 30 days from 12/03/2024.
02
Material facts
Parties
Isack s/o Maembe
ApplicantThe Republic
Respondent Counsel: Ms. Atupele Makoga and Neema NyagawaAmounts and remedies
- Sentence: years 30
03
Procedural history
Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
04
Questions and positions
Legal issues
Whether the applicant should be granted extension of time to file a notice of appeal
Party arguments
- Applicant
- The applicant was not availed with the copy of the judgment immediately after conviction due to being transferred between prisons, and only received it later when the appeal period had lapsed.
- Respondent
- The respondent, represented by State Attorneys, supported the application for extension of time.
05
Court’s reasoning
Legal principles
- 01
General principles of criminal procedure and right to appeal
Extension of time may be granted where sufficient cause is shown, particularly where delay is not attributable to the applicant's fault.
06
Ratio, limits and disposition
Ratio decidendi
The applicant demonstrated sufficient cause for delay in filing the notice of appeal, as he was not provided with the judgment copy in time due to circumstances beyond his control. The court found it just to grant the extension to enable exercise of the right to appeal.
Court disposition
Application granted
- The applicant is granted leave to file an appeal out of time.
- The applicant must file his Notice of Appeal and Memorandum of Appeal within 30 days from 12/03/2024.
Source and reliance status
TZHC · 12 March 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 12 March 2024
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA SUB-REGISTRY
AT SUMBAWANGA MISC. CRIMINAL APPLICATION NO. 18 OF 2023 (Originating from the District Court of Sumbawanga at Sumbawanga in Criminal Case No. 79 of2020)
BETWEEN ISACK s/0 MAEMBE................................................... APPLICANT
VERSUS THE REPUBLIC....................................................... RESPONDENT Last order: March 12, 2024 Ruling : March 12, 2024
RULING NANGELA, J.: This is an application for extension of time to file a Notice of Appeal to this court. The Applicant was initially charged and convicted of an offence of incest by male, c/s 158(1) of the Penal Code, Cap.16 R.E. 2019 and was sentenced to serve 30 years jail term. Unsatisfied by the conviction and sentence he wanted to appeal to this court, but he was not availed with the copy of the judgement immediately because he was committed to Kitete Prison and was later shifted to another prison. He only got the copy of judgement later at a time when he could not appeal without first seeking for an extension of time. When this application was called for hearing on this 12th day of March 2024, the Applicant appeared in court Page 1 of 2 uryepresented. The Respondent enjoyed the services of Ms. Atupele Makoga and Neema Nyagawa, learned State Attorneys. They supported the application. I have gone through the chamber summons and its supporting affidavit. I am satisfied that the Applicant should be granted the time to exercise his right to appeal to this court without waste of more time. The reasons disclosed in his «» affidavit warrant that he be granted more time to lodge his Notice of Appeal and his Memorandum of appeal in this court. In the upshot of the above this court settles for the following orders: 1. That, the Applicant's prayers to file an appeal out of :me is granted.
2. That, the Applicant should file his Notice of Appeal and Memorandum of Appeal within 30 days from this date (12/03/2024). It is so ordered. DATED AT SUMBAWANGA ON THIS 12th MARCH 2024 Page 2 of 2
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