20181128 TZHC Dodoma
Applicant was not negligent; delay was due to lack of proper advice and circumstances as a prisoner. Extension of time is justified.
- Citation
- 20181128 TZHC Dodoma
- Parties
- Applicant: Mwandu John; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 November 2018
- Procedural Posture
- Misc. Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Right to Appeal, Prisoner Appeals
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mwandu John
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted extension of time to file notice and petition of appeal
Ratio Decidendi
Applicant was not negligent; delay was due to lack of proper advice and circumstances as a prisoner. Extension of time is justified.
Court Disposition
Application granted
Orders
- Leave to file notice of intention to appeal and petition of appeal in extended time granted under section 361(2) of CPA [Cap 20]
- Notice of intention to appeal to be filed within ten days from date of order
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