robert so nyengela vs republic 2021 tzca 166 3 may 2021

robert so nyengela vs republic 2021 tzca 166 3 may 2021

The applicant failed to provide evidence of having filed the earlier application for review, did not account for the delay of over four years, and did not demonstrate that his intended grounds for review fell within those permitted under Rule 66(1) of the Rules. Therefore, he failed to show good cause or an arguable case, and the application for extension of time was dismissed.

Citation
robert so nyengela vs republic 2021 tzca 166 3 may 2021
Parties
Applicant: Robert Nyengela; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 May 2021
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to Apply for Review
Outcome
application dismissed
Legal Topics
Extension of Time, Review of Judgment, Grounds for Review, Good Cause Requirement
Source Language
English

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Parties

Robert Nyengela

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time to Apply for Review

  1. 1 Whether the applicant has shown good cause for extension of time to apply for review
  2. 2 Whether the applicant has demonstrated an arguable case for review under Rule 66(1) of the Rules

Ratio Decidendi

The applicant failed to provide evidence of having filed the earlier application for review, did not account for the delay of over four years, and did not demonstrate that his intended grounds for review fell within those permitted under Rule 66(1) of the Rules. Therefore, he failed to show good cause or an arguable case, and the application for extension of time was dismissed.

Court Disposition

application dismissed

Orders

  • Application for extension of time is dismissed.