mussa daudi vs republic 2021 tzhc 2952 30 april 2021

mussa daudi vs republic 2021 tzhc 2952 30 april 2021

The applicant, having presented the notice of appeal to prison officers within time, cannot be penalized for the subsequent loss or delay caused by the prison authorities; therefore, extension of time is justified.

Citation
mussa daudi vs republic 2021 tzhc 2952 30 april 2021
Parties
Applicant: Mussa s/o Daudi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 2021
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Prisoner Rights
Source Language
English
Criminal Law Criminal Procedure Extension of Time Notice of Appeal Prisoner Rights

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Parties

Mussa s/o Daudi

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file notice and petition of appeal

Ratio Decidendi

The applicant, having presented the notice of appeal to prison officers within time, cannot be penalized for the subsequent loss or delay caused by the prison authorities; therefore, extension of time is justified.

Court Disposition

Application granted

Orders

  • Applicant to file notice of appeal within ten (10) working days of this ruling
  • Applicant to file memorandum of appeal within forty five (45) days thereafter