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
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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