20130313 TZCA Mwanza

20130313 TZCA Mwanza

The Court of Appeal has no jurisdiction to entertain an application for extension of time to file a notice of appeal to the High Court after the High Court has refused such extension; the proper remedy is to appeal or seek revision against the High Court's refusal.

Citation
20130313 TZCA Mwanza
Parties
Applicant: Marwa Maseke; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 March 2013
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application struck out as incompetent for want of jurisdiction.
Legal Topics
Extension of Time, Jurisdiction of Court of Appeal, Appeals From Subordinate Courts
Source Language
English
Criminal Law Appellate Procedure Extension of Time Jurisdiction of Court of Appeal Appeals From Subordinate Courts

Case Brief

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Parties

Marwa Maseke

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant extension of time to file notice of appeal to the High Court after refusal by the High Court

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an application for extension of time to file a notice of appeal to the High Court after the High Court has refused such extension; the proper remedy is to appeal or seek revision against the High Court's refusal.

Court Disposition

Application struck out as incompetent for want of jurisdiction.

Orders

  • Application struck out.