isack maembe vs the republic 2024 tzhc 908 12 march 2024

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

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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

  1. 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.