john mshama sanjiwa vs republic 2020 tzhc 4414 7 december 2020

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

John Mshama Sanyiwa

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

  1. 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