yusuph mohamedi vs republic 2023 tzhc 19652 17 january 2023

Extension of time granted as applicant demonstrated sufficient cause for delay and denial would violate constitutional right to appeal; respondent will not suffer prejudice.

Citation: yusuph mohamedi vs republic 2023 tzhc 19652 17 january 2023
Parties: Applicant: Yusuph Mohamed; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 January 2023
Procedural Posture: Miscellaneous Criminal Application / Ruling on Extension of Time
Outcome: extension of time granted
Legal Topics: Extension of Time, Right to Appeal, Judicial Discretion
Source Language: English

Criminal Law Constitutional Law Procedural Law Extension of Time Right to Appeal Judicial Discretion

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Yusuph Mohamed

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Extension of Time

Legal Issues

1 Whether sufficient cause exists to grant extension of time to file appeal
2 Whether denial of extension would violate constitutional right to be heard

Ratio Decidendi

Extension of time granted as applicant demonstrated sufficient cause for delay and denial would violate constitutional right to appeal; respondent will not suffer prejudice.

Court Disposition

extension of time granted

Orders

Applicant to file appeal within 45 days from 17th January 2023
Applicant to serve respondent