paulo samwel girengi another vs republic 2018 tzhc 2231 5 september 2018

paulo samwel girengi another vs republic 2018 tzhc 2231 5 september 2018

The applicants demonstrated sufficient cause for the delay as they had pursued the previous appeal in good faith and, as laypersons, could not have discovered the defect in the notice of appeal. The application for extension of time was filed within a reasonable period after the previous appeal was struck out.

Citation
paulo samwel girengi another vs republic 2018 tzhc 2231 5 september 2018
Parties
Applicant: Paulo Samwel Girengi; Applicant: Sainga Wachaka Metu; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 2018
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Appeal Procedure
Source Language
English

Case Brief

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Parties

Paulo Samwel Girengi

Applicant

Sainga Wachaka Metu

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

  1. 1 Whether sufficient cause exists to grant extension of time to file notice of appeal and appeal

Ratio Decidendi

The applicants demonstrated sufficient cause for the delay as they had pursued the previous appeal in good faith and, as laypersons, could not have discovered the defect in the notice of appeal. The application for extension of time was filed within a reasonable period after the previous appeal was struck out.

Court Disposition

Application granted

Orders

  • Applicants allowed to file notice of appeal and intended appeal within 30 days from receipt of the ruling