miburo cosmas vs republic 2020 tzca 200 5 may 2020

The High Court was functus officio after refusing the application for extension of time, and therefore lacked jurisdiction to entertain a subsequent application for the same relief. The proceedings and order arising from the 4th application are nullified, and the appeal is struck out as incompetent.

Source-derived case information.

Citation: miburo cosmas vs republic 2020 tzca 200 5 may 2020
Parties: Appellant: Miburo Cosmas; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 May 2020
Procedural Posture: Criminal Appeal / Ruling on Competence of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Extension of Time, Functus Officio, Appeal Against Conviction, Plea of Guilty
Source Language: english

Criminal Law Procedural Law Extension of Time Functus Officio Appeal Against Conviction Plea of Guilty

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Miburo Cosmas

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether the High Court was functus officio to entertain a subsequent application for extension of time after previously refusing the same relief
2 Whether the appeal is competently before the Court

Ratio Decidendi

Court Disposition

appeal struck out as incompetent

Orders

proceedings in Misc. Criminal Application No. 104 of 2016 nullified
order arising from Misc. Criminal Application No. 104 of 2016 set aside

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