sadick ismail vs republic 2020 tzhc 2202 5 august 2020

sadick ismail vs republic 2020 tzhc 2202 5 august 2020

The applicant advanced good cause for the delay, namely loss and subsequent retrieval of documents, which was supported by affidavit evidence and not opposed by the respondent. The court exercised its discretion to grant the extension of time.

Citation
sadick ismail vs republic 2020 tzhc 2202 5 august 2020
Parties
Applicant: Sadick S/o Ismail; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 August 2020
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Appeal Procedure, Lost Documents as Ground for Delay
Source Language
English

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Parties

Sadick S/o Ismail

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

  1. 1 Whether the applicant has advanced sufficient reason for delay in filing notice of intention to appeal and petition of appeal

Ratio Decidendi

The applicant advanced good cause for the delay, namely loss and subsequent retrieval of documents, which was supported by affidavit evidence and not opposed by the respondent. The court exercised its discretion to grant the extension of time.

Court Disposition

Application allowed

Orders

  • Applicant to file notice of intention to appeal within ten (10) days from the date of ruling
  • Applicant to file petition of appeal within forty five (45) days from the date of ruling