steven adrian and 2 others vs republic 2023 tzhc 21146 18 september 2023

steven adrian and 2 others vs republic 2023 tzhc 21146 18 september 2023

The applicants, being lay prisoners, sufficiently explained the delay by showing they informed prison authorities of their intention to appeal, but the authorities failed to act; for interest of justice, the court considered the reasons in rejoinder and granted the extension.

Citation
steven adrian and 2 others vs republic 2023 tzhc 21146 18 september 2023
Parties
Applicant: Steven Adrian; Applicant: Elias Julius Mng'ong'o; Applicant: Meshack Kilatu; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2023
Procedural Posture
Miscellaneous Criminal Application / Application for Extension of Time to Appeal
Outcome
application allowed
Legal Topics
Extension of Time, Appeal Procedure, Prisoners' Rights
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Prisoners' Rights

Case Brief

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Parties

Steven Adrian

Applicant

Elias Julius Mng'ong'o

Applicant

Meshack Kilatu

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient reasons exist to grant extension of time to file notice of intention to appeal and petition of appeal out of time

Ratio Decidendi

The applicants, being lay prisoners, sufficiently explained the delay by showing they informed prison authorities of their intention to appeal, but the authorities failed to act; for interest of justice, the court considered the reasons in rejoinder and granted the extension.

Court Disposition

application allowed

Orders

  • Applicants to file notice of intention to appeal within ten days from the date of order
  • Applicants to file petition of appeal within thirty days from the date of order