said thomas mhombe another vs republic 2019 tzca 340 30 september 2019

said thomas mhombe another vs republic 2019 tzca 340 30 september 2019

The High Court erred by dismissing the applications for extension of time based on the merits of intended appeals not before it, instead of determining whether good cause for delay was shown, thereby violating the appellants' right to be heard and the principles of natural justice.

Citation
said thomas mhombe another vs republic 2019 tzca 340 30 september 2019
Parties
Appellant: Said Thomas Mhombe; Appellant: Majuto Kikula; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Dismissal of Applications for Extension of Time
Outcome
appeal allowed
Legal Topics
Extension of Time, Right to Be Heard, Principles of Natural Justice, Dismissal Vs Striking Out, Appeal Procedure
Source Language
English
Criminal Law Constitutional Law Civil Procedure Extension of Time Right to Be Heard Principles of Natural Justice Dismissal Vs Striking Out Appeal Procedure

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Parties

Said Thomas Mhombe

Appellant

Majuto Kikula

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Dismissal of Applications for Extension of Time

Legal Issues

  1. 1 Whether the High Court properly dismissed applications for extension of time to appeal out of time
  2. 2 Whether the High Court erred by predetermining the merits of intended appeals not before it
  3. 3 Whether the appellants' right to be heard was violated

Ratio Decidendi

The High Court erred by dismissing the applications for extension of time based on the merits of intended appeals not before it, instead of determining whether good cause for delay was shown, thereby violating the appellants' right to be heard and the principles of natural justice.

Court Disposition

appeal allowed

Orders

  • Proceedings and rulings of the High Court in Misc. Criminal Application No. 9 of 2003 and Misc. Criminal Application No. 41 of 2008 nullified
  • Appellants may file applications for extension of time to appeal against the decision of the District Court of Iringa in Criminal Case No. 684 of 1998