SAMWEL SYLIVESTER MATENGE RULING 0001

SAMWEL SYLIVESTER MATENGE RULING 0001

The applicant's delay was caused by circumstances beyond his control as a prisoner, including lack of access to documents and inability to follow up on his appeal, which constitutes good cause for extension of time under section 361(2) of the Criminal Procedure Act.

Citation
SAMWEL SYLIVESTER MATENGE RULING 0001
Parties
Applicant: Samwel Sylvester Mateng'e; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 March 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Out of Time, Prisoners' Rights
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Out of Time Prisoners' Rights

Case Brief

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Parties

Samwel Sylvester Mateng'e

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant's delay was caused by circumstances beyond his control as a prisoner, including lack of access to documents and inability to follow up on his appeal, which constitutes good cause for extension of time under section 361(2) of the Criminal Procedure Act.

Court Disposition

Application granted

Orders

  • Applicant granted ten (10) days to lodge notice of intention to appeal
  • Applicant granted forty-five (45) days from date of ruling to file intended appeal