20060529 TZCA Dodoma

20060529 TZCA Dodoma

Despite unsatisfactory affidavit evidence, the respondent did not counter the allegations, and in the exercise of judicial discretion, the court restored the applicants' notice of appeal and granted seven days to file the memorandum of appeal.

Citation
20060529 TZCA Dodoma
Parties
Applicant: Mbijima Mpigaa; Applicant: Mhando Kilemei; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 May 2006
Procedural Posture
Criminal Application / Application for Restoration of Appeal and Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Restoration of Appeal, Prisoners' Rights, Procedural Compliance
Source Language
English
Criminal Law Appellate Procedure Extension of Time Restoration of Appeal Prisoners' Rights Procedural Compliance

Case Brief

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Parties

Mbijima Mpigaa

Applicant

Mhando Kilemei

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Restoration of Appeal and Extension of Time

Legal Issues

  1. 1 Whether the applicants are entitled to extension of time to file a memorandum of appeal
  2. 2 Whether the appeal should be restored after dismissal due to delay

Ratio Decidendi

Despite unsatisfactory affidavit evidence, the respondent did not counter the allegations, and in the exercise of judicial discretion, the court restored the applicants' notice of appeal and granted seven days to file the memorandum of appeal.

Court Disposition

application granted

Orders

  • Applicants' notice of appeal dated 15.9.2003 restored.
  • Applicants to file memorandum of appeal within seven days from the date of the ruling.