20130308 TZCA Mwanza

20130308 TZCA Mwanza

The applicant, being a prisoner, did all that was reasonably possible to file his notice of appeal, and the absence of an affidavit from the prison superintendent does not defeat his application for extension of time.

Citation
20130308 TZCA Mwanza
Parties
Applicant: Otieno Obute; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 March 2013
Procedural Posture
Criminal Application / Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Prisoners' Rights, Filing Procedures
Source Language
English

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Parties

Otieno Obute

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time

  1. 1 Whether the applicant should be granted extension of time to file notice and memorandum of appeal out of time

Ratio Decidendi

The applicant, being a prisoner, did all that was reasonably possible to file his notice of appeal, and the absence of an affidavit from the prison superintendent does not defeat his application for extension of time.

Court Disposition

application granted

Orders

  • Applicant to file notice of appeal to the High Court within thirty (30) days from the date of delivery of this ruling.
  • Memorandum of appeal to be filed within twenty one (21) days from the date of filing the notice of appeal.