lenatus mageko mageko vs samwel george 2021 tzhc 2203 25 february 2021

lenatus mageko mageko vs samwel george 2021 tzhc 2203 25 february 2021

The appellant's delay was technical and not due to negligence; as a layperson, he took steps to pursue his right of appeal. In the interest of justice and given the constitutional right to appeal, extension of time should be granted.

Citation
lenatus mageko mageko vs samwel george 2021 tzhc 2203 25 february 2021
Parties
Appellant: Lenatus s/o Mageko@ Mageko; Respondent: Samwel s/o George
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 February 2021
Procedural Posture
Criminal Appeal / Judgment on Second Appeal (high Court)
Outcome
appeal allowed
Legal Topics
Extension of Time, Appeal Procedure, Obtaining Goods by False Pretence
Source Language
English

Case Brief

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Parties

Lenatus s/o Mageko@ Mageko

Appellant

Samwel s/o George

Respondent

Procedural Posture

Criminal Appeal / Judgment on Second Appeal (high Court)

  1. 1 Whether the appellant adduced sufficient cause for delay to warrant extension of time to appeal

Ratio Decidendi

The appellant's delay was technical and not due to negligence; as a layperson, he took steps to pursue his right of appeal. In the interest of justice and given the constitutional right to appeal, extension of time should be granted.

Court Disposition

appeal allowed

Orders

  • Appellant granted extension of time to file appeal before the District Court