20090316 TZHC Dar es salaam

The delay in filing the notice of appeal was caused by the prison authorities, not by any lack of diligence by the appellants; therefore, sufficient cause was shown for extension of time.

Citation: 20090316 TZHC Dar es salaam
Parties: Appellant: John Moses and 3 Others; Respondent: The Republic
Court: TZHC
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, Prison Authority Delay
Source Language: English

Criminal Law Criminal Procedure Extension of Time Notice of Appeal Prison Authority Delay

Case Brief

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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 sufficient cause was shown for delay in filing notice of appeal
2 Whether responsibility for delay rested with appellants or prison authorities

Ratio Decidendi

The delay in filing the notice of appeal was caused by the prison authorities, not by any lack of diligence by the appellants; therefore, sufficient cause was shown for 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 within thirty days of the judgment