mweya maganya 7 2 others vs republic 2013 tzca 379 11 december 2013

mweya maganya 7 2 others vs republic 2013 tzca 379 11 december 2013

The Court of Appeal has no jurisdiction under Rule 10 of the Rules to grant extension of time to appeal to the High Court; such application must be made to the High Court under section 361(2) of the Criminal Procedure Act.

Citation
mweya maganya 7 2 others vs republic 2013 tzca 379 11 december 2013
Parties
Applicant: Mweya Maganya; Applicant: Kitewo Mgige; Applicant: Jumanne Kyahila; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 2013
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Appeal
Outcome
application struck out
Legal Topics
Extension of Time, Jurisdiction, Appeals Process
Source Language
English
Criminal Procedure Extension of Time Jurisdiction Appeals Process

Case Brief

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Parties

Mweya Maganya

Applicant

Kitewo Mgige

Applicant

Jumanne Kyahila

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to Lodge Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction under Rule 10 of the Tanzania Court of Appeal Rules, 2009 to grant extension of time to appeal to the High Court
  2. 2 Proper forum for application for extension of time to appeal to the High Court

Ratio Decidendi

The Court of Appeal has no jurisdiction under Rule 10 of the Rules to grant extension of time to appeal to the High Court; such application must be made to the High Court under section 361(2) of the Criminal Procedure Act.

Court Disposition

application struck out

Orders

  • Application struck out for want of jurisdiction.