Juma William Mayala vs Republic
- Citation
- Juma William Mayala vs Republic
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 9 February 2023
- Posture
- Miscellaneous Economic Application / Ruling on Extension of Time to Appeal
- Language
- English
More details
- Court
- TANZLII
- Decision
- 9 February 2023
- Posture
- Miscellaneous Economic Application / Ruling on Extension of Time to Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Sufficient reason for delay was established due to applicant's transfer and inability to obtain necessary documents; extension of time is granted.
Court disposition
Application granted
Orders
- Petition of appeal to be filed within forty-five days from date of ruling
02
Material facts
Parties
Juma s/o William @ Mayala
ApplicantThe Republic
RespondentAmounts and remedies
- Extension Period Granted: 45
03
Procedural history
Posture
Miscellaneous Economic Application / Ruling on Extension of Time to Appeal
04
Questions and positions
Legal issues
Whether sufficient reason exists to grant extension of time to appeal
Party arguments
- Applicant
- Applicant was unable to appeal in time due to transfer to another prison and delay in obtaining copies of proceedings and judgment.
- Respondent
- Respondent does not object and opines that sufficient reason for delay has been adduced.
05
Court’s reasoning
Legal principles
- 01
Tanzanian procedural law
Extension of time may be granted where sufficient cause for delay is shown.
06
Ratio, limits and disposition
Ratio decidendi
Sufficient reason for delay was established due to applicant's transfer and inability to obtain necessary documents; extension of time is granted.
Court disposition
Application granted
- Petition of appeal to be filed within forty-five days from date of ruling
Source and reliance status
TANZLII · 9 February 2023
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 9 February 2023
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA
SUMBAWANGA DISTRICT REGISTRY
AT SUMBAWANGA MISC. ECONOMIC APPLICATION NO. 12670 OF 2024 (Originating from the court of Resident Magistrate of Katavi in Economic Case No. 9 of 2021) JUMA S/O WILLIAM @ MAYALA..................................................... APPLICANT
VERSUS THE REPUBLIC............................................................................ RESPONDENT
RULING The applicant has been incarcerated since conviction and sentence on the 9th February, 2023. As of now, he is at Sumbawanga Prison, though he was convicted and sentenced by Resident Magistrate’s Court of Katavi at Mpanda. He served the notice promptly after convicting and sentence but could not appeal in time. He has been transferred to another prison at Sumbawanga Prison; hence he could not make follow up for copies of proceedings and judgment of the trial court in time. 1 The respondents have no objection to the application and have opinion that he has adduced sufficient reason for delay. I thus grant the application. The petition of appeal be filed within forty-five (45) days from today. It is ordered accordingly. T.M. MWENEMPAZI
JUDGE 17/12/2024 2
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