said rashidi lipinde vs republic 2012 tzhc 27 14 may 2012
The applicant's failure to file the appeal within time was due to the conduct of his advocate, who delayed action pending payment of fees. This constituted good cause under section 361(2) of the Criminal Procedure Act, justifying extension of time to appeal.
- Citation
- said rashidi lipinde vs republic 2012 tzhc 27 14 may 2012
- Parties
- Applicant: Said Rashidi @ Lipinde; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 May 2012
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Appeal Procedure, Good Cause for Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Said Rashidi @ Lipinde
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether lack of due diligence by an advocate constitutes good cause for extension of time to appeal under section 361(2) of the Criminal Procedure Act
- 2 Whether section 14(1) of the Law of Limitation Act applies to criminal appeals
Ratio Decidendi
The applicant's failure to file the appeal within time was due to the conduct of his advocate, who delayed action pending payment of fees. This constituted good cause under section 361(2) of the Criminal Procedure Act, justifying extension of time to appeal.
Court Disposition
Application allowed
Orders
- Applicant given ten days from date of ruling to lodge notice of intention to appeal
- Applicant to lodge appeal within forty-five days of ruling
Full Case Text
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