paulo francis and another v the republic 2024 tzhc 375 23 february 2024

The court held that since the applicants diligently pursued their right to appeal but were prevented by a technical defect in the notice, this constituted a technical delay and justified extension of time.

Source-derived case information.

Citation: paulo francis and another v the republic 2024 tzhc 375 23 february 2024
Parties: Applicant: Paulo Francis; Applicant: Pamphil Gwaidin; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 February 2024
Procedural Posture: Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Appeal Procedure, Technical Delay
Source Language: english

Criminal Law Criminal Procedure Extension of Time Appeal Procedure Technical Delay

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paulo Francis

Applicant

Pamphil Gwaidin

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

1 Whether the applicants have shown sufficient cause for extension of time to file notice of intention to appeal and petition of appeal

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicants to file notice of intention to appeal within ten days from the date of ruling
Applicants to file petition of appeal within forty five days

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