shabani abbasi vs republic 2019 tzhc 139 28 september 2019

shabani abbasi vs republic 2019 tzhc 139 28 september 2019

The application should be heard on its merits since the previous appeal was struck out for incompetency of the notice of appeal, and the applicant has no other recourse but to seek leave to file a fresh notice of appeal out of time.

Citation
shabani abbasi vs republic 2019 tzhc 139 28 september 2019
Parties
Applicant: Shabani Abbasi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 September 2019
Procedural Posture
Miscellaneous Criminal Application / Application for Leave to File Notice of Appeal Out of Time
Outcome
Application to be heard on merits
Legal Topics
Extension of Time, Notice of Appeal, Abuse of Court Process
Source Language
English
Criminal Law Appellate Procedure Extension of Time Notice of Appeal Abuse of Court Process

Case Brief

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Parties

Shabani Abbasi

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Application for Leave to File Notice of Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file a notice of appeal out of time

Ratio Decidendi

The application should be heard on its merits since the previous appeal was struck out for incompetency of the notice of appeal, and the applicant has no other recourse but to seek leave to file a fresh notice of appeal out of time.

Court Disposition

Application to be heard on merits

Orders

  • Application to be heard on merits