lazaro mpigachai vs republic 2022 tzca 50 22 february 2022
The appeal was filed within the statutory time limits as the time spent obtaining the proceedings and judgment was properly excluded; the High Court's dismissal order was misconceived and flawed.
- Citation
- lazaro mpigachai vs republic 2022 tzca 50 22 february 2022
- Parties
- Appellant: Lazaro Mpigachai; Respondent: Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 February 2022
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Appeal Limitation, Computation of Time, Restoration of Appeal
- 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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Parties
Lazaro Mpigachai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the High Court's dismissal of Criminal Appeal No. 41 of 2017 for being time barred was proper
Ratio Decidendi
The appeal was filed within the statutory time limits as the time spent obtaining the proceedings and judgment was properly excluded; the High Court's dismissal order was misconceived and flawed.
Court Disposition
appeal allowed
Orders
- Order of the High Court dated 28/6/2017 quashed
- Criminal Appeal No. 41 of 2017 restored for hearing on merit
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment