20140530 TZHC Iringa3

20140530 TZHC Iringa3

The applicant demonstrated sufficient reason for the delay, namely the refusal by the Resident Magistrate to issue the judgment copy, which prevented timely filing of the appeal. The court found this justified the exercise of discretion to grant an extension of time.

Citation
20140530 TZHC Iringa3
Parties
Applicant: Simon Kyando; Respondent: Godfrey Mosha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 May 2014
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Judicial Discretion
Source Language
English

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Parties

Simon Kyando

Applicant

Godfrey Mosha

Respondent

Procedural Posture

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

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

Ratio Decidendi

The applicant demonstrated sufficient reason for the delay, namely the refusal by the Resident Magistrate to issue the judgment copy, which prevented timely filing of the appeal. The court found this justified the exercise of discretion to grant an extension of time.

Court Disposition

Application granted

Orders

  • Applicant granted fifteen (15) days extension from the date of the ruling to file intended appeal
  • Costs in the cause