ndesile deus vs republic 2021 tzhc 6528 24 september 2021

ndesile deus vs republic 2021 tzhc 6528 24 september 2021

The applicant demonstrated sufficient cause for delay, as the delay was due to the actions of prison officers and beyond his control. The omission to cite section 392A was a curable irregularity that did not occasion a failure of justice. The application for extension of time was therefore granted.

Citation
ndesile deus vs republic 2021 tzhc 6528 24 september 2021
Parties
Applicant: Ndesile Deus; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 September 2021
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time to File Notice and Petition of Appeal Out of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Procedural Irregularities
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Procedural Irregularities

Case Brief

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Parties

Ndesile Deus

Applicant

Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Extension of Time to File Notice and Petition of Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay to warrant extension of time to file notice and petition of appeal out of time
  2. 2 Whether wrong citation of enabling provision is fatal to the application

Ratio Decidendi

The applicant demonstrated sufficient cause for delay, as the delay was due to the actions of prison officers and beyond his control. The omission to cite section 392A was a curable irregularity that did not occasion a failure of justice. The application for extension of time was therefore granted.

Court Disposition

Application granted

Orders

  • Applicant to file notice of appeal within 10 days from the order
  • Applicant to file appeal within 21 days from the order