ngelela so machibya vs republic 2008 tzhc 168 30 june 2008

ngelela so machibya vs republic 2008 tzhc 168 30 june 2008

The applicant's affidavit provided sufficient reasons for the delay, and the respondent supported the application; therefore, leave to appeal out of time is granted.

Citation
ngelela so machibya vs republic 2008 tzhc 168 30 june 2008
Parties
Applicant: Ngelela s/o Machibya; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2008
Procedural Posture
Misc. Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Appeal Procedure
Source Language
English
Criminal Law Criminal Procedure Extension of Time Leave to Appeal Appeal Procedure

Case Brief

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Parties

Ngelela s/o Machibya

Applicant

Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal

Ratio Decidendi

The applicant's affidavit provided sufficient reasons for the delay, and the respondent supported the application; therefore, leave to appeal out of time is granted.

Court Disposition

Application granted

Orders

  • Leave granted to file appeal within thirty days from the date of ruling.
  • Applicant warned to file a Petition of Appeal, not a Memorandum of Appeal.