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
Case Brief
Summary, issues, holding and outcome
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Parties
Otieno Obute
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
Legal Issues
- 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.
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