mathew t kitambala vs rabson grayson another 2022 tzca 572 23 september 2022

mathew t kitambala vs rabson grayson another 2022 tzca 572 23 september 2022

The appeal to the District Court was filed out of time, and the appellant failed to demonstrate sufficient cause for extension. No apparent illegality, overriding objective, or excusable technical delay was established to warrant extension of time.

Citation
mathew t kitambala vs rabson grayson another 2022 tzca 572 23 september 2022
Parties
Appellant: Mathew T. Kitambala; 1st Respondent: Rabson Grayson; 2nd Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 September 2022
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Judgment Refusing Extension of Time
Outcome
appeal dismissed
Legal Topics
Extension of Time, Cheating, Time Bar, Illegality as Ground for Extension, Overriding Objective, Technical Delay
Source Language
English

Case Brief

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Parties

Mathew T. Kitambala

Appellant

Rabson Grayson

1st Respondent

Republic

2nd Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Judgment Refusing Extension of Time

  1. 1 Whether the appeal to the District Court was filed within time
  2. 2 Whether sufficient cause was shown for extension of time
  3. 3 Whether alleged illegality warranted extension of time

Ratio Decidendi

The appeal to the District Court was filed out of time, and the appellant failed to demonstrate sufficient cause for extension. No apparent illegality, overriding objective, or excusable technical delay was established to warrant extension of time.

Court Disposition

appeal dismissed