20081128 TZCA Dodoma
The applicant cannot be blamed for the delay as he had no control over the process, and the responsibility lay with the Prison authorities; therefore, he should not be denied his right of appeal.
- Citation
- 20081128 TZCA Dodoma
- Parties
- Applicant: Mrisho Mussa Basuka; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 November 2008
- Procedural Posture
- Criminal Application / Application for Leave to Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeal Rights, Prisoners' Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Parties
Mrisho Mussa Basuka
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to appeal when delay was caused by prison authorities.
Ratio Decidendi
The applicant cannot be blamed for the delay as he had no control over the process, and the responsibility lay with the Prison authorities; therefore, he should not be denied his right of appeal.
Court Disposition
application allowed
Orders
- Documents to be filed in Court within one month from the date of the ruling.
Full Case Text
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