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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether good cause exists to grant extension of time to file notice of appeal and appeal out of time
- 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.
Full Case Text
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