joseph kilangi vs republic 2016 tzhc 2204 6 may 2016

joseph kilangi vs republic 2016 tzhc 2204 6 may 2016

The applicant was convicted and sentenced in absentia and only became aware of the conviction upon arrest in 2014, which constituted sufficient cause for delay. The respondent did not object, and the court exercised its discretion to allow the application for extension of time.

Citation
joseph kilangi vs republic 2016 tzhc 2204 6 may 2016
Parties
Applicant: Joseph Kilangi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 May 2016
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Notice of Intention to Appeal, Conviction in Absentia
Source Language
English
Criminal Law Criminal Procedure Extension of Time Notice of Intention to Appeal Conviction in Absentia

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Parties

Joseph Kilangi

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file notice of intention to appeal out of time

Ratio Decidendi

The applicant was convicted and sentenced in absentia and only became aware of the conviction upon arrest in 2014, which constituted sufficient cause for delay. The respondent did not object, and the court exercised its discretion to allow the application for extension of time.

Court Disposition

Application allowed

Orders

  • Applicant to lodge notice of intention of appeal within ten (10) days from the order date under section 361(2) of the Criminal Procedure Act