odero charles odero vs director of public prosecution 2023 tzhc 23203 11 december 2023

odero charles odero vs director of public prosecution 2023 tzhc 23203 11 december 2023

The applicant established significant points of law apparent on the face of the record, specifically the trial court's failure to take judicial notice of matters of present history and to recognize admitted facts, which constitute sufficient grounds of illegality to warrant extension of time despite failure to account for each day of delay.

Citation
odero charles odero vs director of public prosecution 2023 tzhc 23203 11 december 2023
Parties
Applicant: Odero Charles Odero; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Judicial Notice, Right to Appeal
Source Language
English
Civil Procedure Constitutional Law Extension of Time Illegality as Ground for Extension Judicial Notice Right to Appeal

Case Brief

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Parties

Odero Charles Odero

Applicant

Director of Public Prosecutions

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient cause, particularly illegality apparent on the face of the record, to warrant extension of time to file a notice of appeal

Ratio Decidendi

The applicant established significant points of law apparent on the face of the record, specifically the trial court's failure to take judicial notice of matters of present history and to recognize admitted facts, which constitute sufficient grounds of illegality to warrant extension of time despite failure to account for each day of delay.

Court Disposition

Application granted

Orders

  • Extension of time to lodge notice of intended appeal granted; applicant to file notice within one month from the date of ruling
  • No order as to costs