19940907 TZHC Dodoma

19940907 TZHC Dodoma

The delay in filing the appeal was excusable as it was caused by the District Court's delay in supplying the judgment, but leave to appeal out of time was denied because the intended appeal had no good chance of success and the applicant had already served the sentence.

Citation
19940907 TZHC Dodoma
Parties
Applicant: Mr. Andrea; Respondent: State
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 September 1994
Procedural Posture
Criminal / Application for Leave to Appeal Out of Time
Outcome
application dismissed
Legal Topics
Leave to Appeal Out of Time, Delay in Supplying Judgment, Sentence Legality
Source Language
English
Criminal Law Leave to Appeal Out of Time Delay in Supplying Judgment Sentence Legality

Case Brief

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Parties

Mr. Andrea

Applicant

State

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time
  2. 2 Whether the delay in filing the appeal was excusable
  3. 3 Whether the intended appeal had prospects of success

Ratio Decidendi

The delay in filing the appeal was excusable as it was caused by the District Court's delay in supplying the judgment, but leave to appeal out of time was denied because the intended appeal had no good chance of success and the applicant had already served the sentence.

Court Disposition

application dismissed

Orders

  • Application for leave to appeal out of time is dismissed.
  • A copy of the ruling to be sent to the applicant.