maxson john mack vs the republic 2024 tzhc 577 19 february 2024

maxson john mack vs the republic 2024 tzhc 577 19 february 2024

The applicant demonstrated good cause for the delay in filing his appeal, as the delay was due to circumstances beyond his control, specifically reliance on prison authorities for transmission of documents. The applicant discharged his duty by issuing notice of intention to appeal and preparing the appeal, and the delay was not due to his dilatory conduct.

Citation
maxson john mack vs the republic 2024 tzhc 577 19 february 2024
Parties
Applicant: Maxson John @ Mack; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 February 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Good Cause for Delay
Source Language
English

Case Brief

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Parties

Maxson John @ Mack

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of intention to appeal and appeal out of time

Ratio Decidendi

The applicant demonstrated good cause for the delay in filing his appeal, as the delay was due to circumstances beyond his control, specifically reliance on prison authorities for transmission of documents. The applicant discharged his duty by issuing notice of intention to appeal and preparing the appeal, and the delay was not due to his dilatory conduct.

Court Disposition

Application granted

Orders

  • Applicant is given fifteen (15) working days from the date of the ruling to file his appeal.