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
Summary, issues, holding and outcome
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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)
Legal Issues
- 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
Full Case Text
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