james kusaya vs republic 2020 tzhc 2198 5 august 2020

james kusaya vs republic 2020 tzhc 2198 5 august 2020

The applicant advanced good cause for the failure to appeal within the prescribed period, specifically the loss and subsequent retrieval of documents, and the respondent did not object. The court exercised its discretion to grant the extension.

Citation
james kusaya vs republic 2020 tzhc 2198 5 august 2020
Parties
Applicant: James s/o Kusaya; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 August 2020
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause for Delay
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Sufficient Cause for Delay

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Parties

James s/o Kusaya

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has advanced sufficient reason for delay in filing notice of intention to appeal and petition of appeal

Ratio Decidendi

The applicant advanced good cause for the failure to appeal within the prescribed period, specifically the loss and subsequent retrieval of documents, and the respondent did not object. The court exercised its discretion to grant the extension.

Court Disposition

Application allowed

Orders

  • Applicant given ten (10) days from the date of ruling to file notice of intention to appeal
  • Applicant given forty five (45) days from the date of ruling to file petition of appeal to this court