isack maembe vs the republic 2024 tzhc 908 12 march 2024
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.
- Citation
- isack maembe vs the republic 2024 tzhc 908 12 march 2024
- Parties
- Applicant: Isack s/o Maembe; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 March 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Right of Appeal, Incest by Male
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Isack s/o Maembe
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to file a notice of appeal
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
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.
Full Case Text
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