phillibert hubaridi vs athuma bahati 2018 tzhc 2708 29 august 2018

phillibert hubaridi vs athuma bahati 2018 tzhc 2708 29 august 2018

The applicant failed to provide sufficient reasons or account for the delay of 25 months in filing the application for extension of time. The application was found to be a tactic to prevent execution of the civil suit rather than a genuine pursuit of appeal rights.

Citation
phillibert hubaridi vs athuma bahati 2018 tzhc 2708 29 august 2018
Parties
Applicant: Phillibert Hubaridi; Respondent: Athuma Bahati
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 2018
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeal Procedure, Compensation, Theft
Source Language
English
Criminal Law Civil Procedure Extension of Time Appeal Procedure Compensation Theft

Case Brief

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Parties

Phillibert Hubaridi

Applicant

Athuma Bahati

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient reasons were advanced to warrant extension of time to appeal
  2. 2 Whether the application for extension of time was properly motivated

Ratio Decidendi

The applicant failed to provide sufficient reasons or account for the delay of 25 months in filing the application for extension of time. The application was found to be a tactic to prevent execution of the civil suit rather than a genuine pursuit of appeal rights.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed
  • Right of appeal explained