raphael majalisi kalembwe vs republic 2022 tzhc 15260 7 december 2022
The applicant's delay was due to circumstances beyond his control, specifically his transfer between prisons and late receipt of court records, which constitutes good cause for extension of time. There is no prejudice to the respondent, and the interests of justice require the applicant be heard on merit.
Source-derived case information.
- Citation
- raphael majalisi kalembwe vs republic 2022 tzhc 15260 7 december 2022
- Parties
- Applicant: Raphael Majalisi Kalembwe; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Good Cause for Delay
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Majalisi Kalembwe
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has advanced sufficient reason for extension of time to file an appeal out of time
Ratio Decidendi
The applicant's delay was due to circumstances beyond his control, specifically his transfer between prisons and late receipt of court records, which constitutes good cause for extension of time. There is no prejudice to the respondent, and the interests of justice require the applicant be heard on merit.
Court Disposition
Application granted
Orders
- Applicant is given twenty-one (21) days from the date of the ruling to file an appeal.
Full Case Text
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