John Kobelo vs

John Kobelo vs

The applicant failed to provide any explanation for not filing written submissions as ordered by the court, which led to the dismissal of his appeal. Without sufficient reasons for this failure, there is no basis for granting an extension of time to appeal.

Source-derived case information.

Citation
John Kobelo vs
Parties
Applicant: John Kobelo; Respondent: Filmin Mtei
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeal Procedure, Costs
Source Language
english
Criminal Law Civil Procedure Extension of Time Appeal Procedure Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Kobelo

Applicant

Filmin Mtei

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time
  2. 2 Whether failure to file written submissions constitutes failure to argue the appeal

Ratio Decidendi

The applicant failed to provide any explanation for not filing written submissions as ordered by the court, which led to the dismissal of his appeal. Without sufficient reasons for this failure, there is no basis for granting an extension of time to appeal.

Court Disposition

Application dismissed

Orders

  • Applicant to compensate the respondent for costs incurred in defending the matter, including instruction fees and costs of attending court, to be taxed by the Registrar.