20090316 TZCA Dar es Salaam
The delay in filing the notice of appeal was caused by the prison authorities, not the appellants; therefore, sufficient cause was shown and the High Court erred in refusing the extension of time.
- Citation
- 20090316 TZCA Dar es Salaam
- Parties
- Appellant: John Moses and 3 Others; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 2009
- Procedural Posture
- Criminal Appeal / Appeal From Dismissal of Application for Extension of Time
- Outcome
- appeal allowed
- Legal Topics
- Extension of Time, Notice of Appeal, Prisoner Rights, Procedural Default
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Moses and 3 Others
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Application for Extension of Time
Legal Issues
- 1 Whether the appellants had sufficient cause for delay in filing notice of appeal
- 2 Whether the High Court erred in refusing extension of time
Ratio Decidendi
The delay in filing the notice of appeal was caused by the prison authorities, not the appellants; therefore, sufficient cause was shown and the High Court erred in refusing the extension of time.
Court Disposition
appeal allowed
Orders
- Decision of the High Court quashed and set aside
- Appellants granted extension of time to file notice of intention to appeal to the High Court against the decision of the Court of Resident Magistrate of Dar es Salaam at Kisutu in Criminal Case No. 1291 of 2000
Full Case Text
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