20130613 TZCA Mbeya

20130613 TZCA Mbeya

The applicant failed to account for the inordinate delay of seven years and did not demonstrate an arguable case under Rule 66(1); the delay was due to his own dilatory conduct and cannot be excused even in the interests of justice.

Citation
20130613 TZCA Mbeya
Parties
Applicant: Joel Silomba; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 June 2013
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to Apply for Review
Outcome
Application dismissed
Legal Topics
Extension of Time, Review of Appellate Decisions, Armed Robbery Conviction, Procedural Default
Source Language
English
Criminal Law Appellate Procedure Extension of Time Review of Appellate Decisions Armed Robbery Conviction Procedural Default

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Parties

Joel Silomba

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time to Apply for Review

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to apply for review of the Court's judgment
  2. 2 Whether the delay of seven years is justifiable
  3. 3 Whether the applicant has demonstrated an arguable case under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to account for the inordinate delay of seven years and did not demonstrate an arguable case under Rule 66(1); the delay was due to his own dilatory conduct and cannot be excused even in the interests of justice.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to apply for review is dismissed.