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Tanzania Judgment

TZHC

joyce mwita vs republic 2023 tzhc 23598 22 november 2023

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Source document

01

Holding and result

The delay in filing the petition of appeal was caused by the fault of Prison Officers, not the appellant. Therefore, the appeal is withdrawn with leave to refile, and time is extended for filing a fresh notice and petition of appeal.

Court disposition

appeal withdrawn with leave to refile; extension of time granted

Orders

  • The appeal is marked withdrawn with leave to refile.
  • Time is extended for the appellant to lodge a fresh notice of appeal within 10 days from 22/11/2023.
  • Time is extended for the appellant to lodge the petition of appeal within 45 days from 22/11/2023.

02

Material facts

Parties

Joyce Mwita

Appellant

The Republic

Respondent Counsel: State Attorney

Amounts and remedies

  • Days for Notice of Appeal: 10
  • Days for Petition of Appeal: 45

03

Procedural history

  1. Posture

    Criminal Appeal / Ruling on Withdrawal and Extension of Time

04

Questions and positions

Legal issues

Party arguments

Applicant
The delay in filing the petition of appeal was due to the fault of Prison Officers, not the appellant. The appellant prayed to withdraw the appeal with leave to refile.
Respondent
The State Attorney had no objection to the appellant's prayer to withdraw the appeal with leave to refile.

05

Court’s reasoning

  1. 01

    court's reasoning and procedural rules

    Appeals by prisoners must be filed within prescribed time limits, and delays caused by prison authorities may justify extension of time.

06

Ratio, limits and disposition

Ratio decidendi

The delay in filing the petition of appeal was caused by the fault of Prison Officers, not the appellant. Therefore, the appeal is withdrawn with leave to refile, and time is extended for filing a fresh notice and petition of appeal.

Court disposition

appeal withdrawn with leave to refile; extension of time granted

  • The appeal is marked withdrawn with leave to refile.
  • Time is extended for the appellant to lodge a fresh notice of appeal within 10 days from 22/11/2023.
  • Time is extended for the appellant to lodge the petition of appeal within 45 days from 22/11/2023.

Source and reliance status

TZHC · 22 November 2023

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Judgment text

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Source document

TZHC

Judgment· 22 November 2023

joyce mwita vs republic 2023 tzhc 23598 22 november 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB - REGISTRY OF SHINYANGA

AT SHINYANGA CRIMINAL APPEAL NO. 120 OF 2023 (Arising from Criminal Case No. 6 of 2023, in the District Court of Busega) JOYCE MWITA I •••••••••••••••••••••••••••••••••••• I ••••••••••• APPELLANT Versus

THE REPUBLIC RESPONDENT Date of Last Order: 22/11/2023 Date of Ruling: 22/11/2023

RULING S. M. KULITA, J As for the nature of Appeals or applications filed by the Prisoners or remandees, it is the prison officers who are responsible in preparing the documents and submitting them to court. As for the matter at hand the notice of appeal was lodged wlthln the prescribed time period of 10 (ten) days from the date of Judgment. The I copy of Judgment to the Appellant was supplied to her on 11/7/202 1, upon the same being sought by the Appellant on that same date. However, the Petition of Appeal was lodged on 28/9/2023, that is out of the prescribed time limit of 45 (Fqrty Five) days. The said delay is there whether computed from the date qf Judgment delivery which is 14/6/2023 or the date that the Appellant w9s supplied with the copy of Judgment which is 11/7/2023. 1 Upon been asked to address the cdurt on that, the appellant stated that I the delay to submit the petition was the fault of Prison Officers. She thus prayed to withdraw the appeal with Ileaveto re-file. On the other hand the State Attorney had no objection on /the said prayer. As the circumstance shows that it i~ the fault of the Prison Officer which led to this appeal being time bared by filing it out of the prescribed time, I hereby make the following ordersf (i) The appeal is hereby m~rked withdrawn with leave to refile as I prayed by the APpellanf herein. (ii) The time is extended ~or the Appellant to lodge the Fresh Notice of Appeal within 10 (ten) days from today, 22/11/2023. (iii) The time is extended fir the Appellant to lodge the Petition of Appeal within 45 (Forty-Flve) days from today, 22/11/2023. It is so ordered. ~ s. M] Kulita

J DGE 22/ 1/2023 s. M. Kulita

JUDGE 22/ 11/2023 2

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