selemani hemed vs the republic 2023 tzhc 22476 9 october 2023
The applicant demonstrated good cause for the delay as he was dependent on prison officers for filing documents and had no advocate, thus satisfying the requirements for extension of time under section 361(2) of the Criminal Procedure Act.
- Citation
- selemani hemed vs the republic 2023 tzhc 22476 9 october 2023
- Parties
- Applicant: Selemani Hemed; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 October 2023
- Procedural Posture
- Misc. Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Good Cause for Delay
- Source Language
- English
Case Brief
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Parties
Selemani Hemed
Applicant
The Republic
Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to file notice of appeal and appeal out of time
Ratio Decidendi
The applicant demonstrated good cause for the delay as he was dependent on prison officers for filing documents and had no advocate, thus satisfying the requirements for extension of time under section 361(2) of the Criminal Procedure Act.
Court Disposition
Application granted
Orders
- Applicant granted leave to file notice of appeal and appeal out of time within twenty-one (21) days from the date of the ruling
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