republic vs dorine do william lema three others 2022 tzhc 12562 26 august 2022

republic vs dorine do william lema three others 2022 tzhc 12562 26 august 2022

The applicant demonstrated good cause for delay due to communication failure and promptly acted upon learning of the judgment; the alleged illegality regarding jurisdiction is a sufficient ground for extension of time.

Citation
republic vs dorine do william lema three others 2022 tzhc 12562 26 august 2022
Parties
Applicant: The Republic; 1st Respondent: Dorine d/o William Lema; 2nd Respondent: Innocent s/o Fowland Mcharo; 3rd Respondent: Walter s/o Mathayo Kileo; 4th Respondent: Johnson s/o Isack Massawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 August 2022
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Jurisdiction, Appeal Procedure, Illegality as Ground for Extension
Source Language
English

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Parties

The Republic

Applicant

Dorine d/o William Lema

1st Respondent

Innocent s/o Fowland Mcharo

2nd Respondent

Walter s/o Mathayo Kileo

3rd Respondent

Johnson s/o Isack Massawe

4th Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time

  1. 1 Whether good cause exists to grant extension of time to file notice of appeal and appeal out of time
  2. 2 Whether illegality regarding jurisdiction constitutes sufficient ground for extension

Ratio Decidendi

The applicant demonstrated good cause for delay due to communication failure and promptly acted upon learning of the judgment; the alleged illegality regarding jurisdiction is a sufficient ground for extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file notice of appeal and intended appeal within forty five (45) days from the date of the ruling.