john mshama sanjiwa vs republic 2020 tzhc 4414 7 december 2020
Applicant's delay was justified by technical delay and circumstances as a prisoner; immediate steps taken to pursue appeal after previous appeal was dismissed for being time barred constitute good cause for extension.
- Citation
- john mshama sanjiwa vs republic 2020 tzhc 4414 7 december 2020
- Parties
- Applicant: John Mshama Sanyiwa; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Technical Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Mshama Sanyiwa
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to file notice of intention to appeal and appeal
Ratio Decidendi
Applicant's delay was justified by technical delay and circumstances as a prisoner; immediate steps taken to pursue appeal after previous appeal was dismissed for being time barred constitute good cause for extension.
Court Disposition
Application granted
Orders
- Applicant to file notice of appeal within ten days from date of ruling
- Applicant to file appeal within forty five days from date of ruling
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