william wegoro mugube vs republic 2021 tzhc 2432 31 march 2021

william wegoro mugube vs republic 2021 tzhc 2432 31 march 2021

The application was granted on the ground that the alleged illegality of the sentence imposed on the applicant, who claimed to be a minor, constituted sufficient cause for extension of time, especially as the respondent did not oppose the application and would not be prejudiced.

Citation
william wegoro mugube vs republic 2021 tzhc 2432 31 march 2021
Parties
Applicant: William Wegoro Mugube; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2021
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Illegality as Ground for Extension, Sentencing of Minors
Source Language
English
Criminal Law Criminal Procedure Extension of Time Appeal Procedure Illegality as Ground for Extension Sentencing of Minors

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Parties

William Wegoro Mugube

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of intention to appeal and petition of appeal out of time
  2. 2 Whether illegality of sentence constitutes sufficient ground for extension of time

Ratio Decidendi

The application was granted on the ground that the alleged illegality of the sentence imposed on the applicant, who claimed to be a minor, constituted sufficient cause for extension of time, especially as the respondent did not oppose the application and would not be prejudiced.

Court Disposition

Application granted

Orders

  • Applicant is given ten (10) days to lodge notice of intention to appeal and forty five (45) days to lodge petition of appeal, both from the date of the ruling.