nashiri so mavula vs republic 2019 tzhc 207 19 december 2019

Applicant accounted for the delay due to circumstances beyond his control as a convict in custody, and the reasons were not contested by the Republic; therefore, extension of time was granted.

Citation: nashiri so mavula vs republic 2019 tzhc 207 19 december 2019
Parties: Applicant: Nashiri s/o M Avula; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 December 2019
Procedural Posture: Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Appeals, Rape Conviction
Source Language: English

Criminal Law Procedure Extension of Time Appeals Rape Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Nashiri s/o M Avula

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has shown good cause for extension of time to file notice and petition of appeal

Ratio Decidendi

Applicant accounted for the delay due to circumstances beyond his control as a convict in custody, and the reasons were not contested by the Republic; therefore, extension of time was granted.

Court Disposition

Application granted

Orders

Notice of Appeal to the High Court to be filed within 10 days from date of ruling.
Petition of appeal to be filed within 45 days from date of ruling.