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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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