20170303 TZCA Mwanza

20170303 TZCA Mwanza

Applicant's delay was not solely due to his own conduct; he was absent when judgment was delivered and relied on prison officers for information and copy of judgment. Delay was beyond his control and sufficient cause was shown to warrant extension.

Citation
20170303 TZCA Mwanza
Parties
Applicant: Samwel Philemon; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 March 2017
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Delay Justification
Source Language
English
Criminal Law Appellate Procedure Extension of Time Notice of Appeal Delay Justification

Case Brief

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Parties

Samwel Philemon

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for delay in filing notice of appeal
  2. 2 Whether applicant's absence and lack of judgment copy justified extension

Ratio Decidendi

Applicant's delay was not solely due to his own conduct; he was absent when judgment was delivered and relied on prison officers for information and copy of judgment. Delay was beyond his control and sufficient cause was shown to warrant extension.

Court Disposition

Application granted

Orders

  • Applicant to file notice of appeal within 30 days from date of ruling