jerome peter kavishe kidame vs r 2021 tzhc 2253 9 february 2021
Delay was due to inability to obtain judgment and proceedings while in jail; this constitutes sufficient cause for extension of time; respondent conceded; wrong citation of enabling provision does not render application incompetent as court has jurisdiction.
- Citation
- jerome peter kavishe kidame vs r 2021 tzhc 2253 9 february 2021
- Parties
- Applicant: Jerome Peter Kavishe @ Ki Dame; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 February 2021
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals, Limitation Period, Procedural Technicalities
- Source Language
- English
Case Brief
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Parties
Jerome Peter Kavishe @ Ki Dame
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has furnished sufficient cause for extension of time to appeal
- 2 Whether wrong citation of enabling provision renders the application incompetent
Ratio Decidendi
Delay was due to inability to obtain judgment and proceedings while in jail; this constitutes sufficient cause for extension of time; respondent conceded; wrong citation of enabling provision does not render application incompetent as court has jurisdiction.
Court Disposition
application allowed
Orders
- Applicant to file appeal within fourteen (14) days from date of ruling
- No order as to costs
Full Case Text
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