Obedi Melikion Mtweve v
The applicant, being under restraint and having no control over the appeal process, provided genuine and valid reasons for the delay, which were not contested by the respondent. Therefore, extension of time is justified.
Source-derived case information.
- Citation
- Obedi Melikion Mtweve v
- Parties
- Applicant: Obedi Melikion Mtvveve; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Appeal Process, Prisoner Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Obedi Melikion Mtvveve
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file notice of appeal and appeal out of time
Ratio Decidendi
The applicant, being under restraint and having no control over the appeal process, provided genuine and valid reasons for the delay, which were not contested by the respondent. Therefore, extension of time is justified.
Court Disposition
Application allowed
Orders
- Applicant to file notice of appeal and intended appeal within 21 days from the date of this order
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IRINGA SUB REGISTRY) AT IRINGA MISC. CRIMINAL APPLICATION NO. 16747 OF 2024 (Original Criminal Case No. 21/2023 of the District Court ofLudewa at Ludewa before Hon. I.M. Ayeng'o, RM) OBEDI MELIKION MTVVEVE................................................... APPLICANT VERSUS THE REPUBLIC ................................................................. RESPONDENT RULING 9" and July, 2024 I.C. MUGETA, J: This is an application for extension of time for the applicant to lodge notice of appeal and appeal out of time. The reasons for the delay are contained at paragraphs 2 and 3 of the affidavit. That upon conviction he prepared the petition of appeal which he gave to Ruanda Prison Administration for filing in court and waited for court summons. That he was not summoned and upon inquiry, he was informed the case was not registered because the eCMS did not generate his lower court case reference number. Those reasons are uncountered by a counter affidavit. Tito Mwakalinga, learned State Attorney, argued that the Republic had no Page 1 of 2 reason to counter the affidavit as the reasons therein are genuine and valid. He supported the application. I agree with the learned State Attorney because the applicant who is under restraint has no control over the appeal process. In the event, I allow the application. The applicant to file the notice of appeal and the intended appeal within 21 days from the date of this order. I.C. Mugeta JUDGE * 9/7/2024 Court: Ruling delivered in chambers by video conference. The applicant is in Ruanda Mbeya prison. I am in chamber at Njombe together with Tito Mwakalinga, Senior State Attorney. Sgd. I.C. Mugeta JUDGE 9/7/2024 Page 2 of 2