zuberi kanyika vs republic 2022 tzhc 12821 12 september 2022

Applicant complied with procedural requirements but appeal was struck out for incompetence; immediate application for extension demonstrated good cause under section 361(2) CPA.

Citation: zuberi kanyika vs republic 2022 tzhc 12821 12 september 2022
Parties: Applicant: Zuberi Kanyika; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 September 2022
Procedural Posture: Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome: application granted
Legal Topics: Extension of Time, Appeals, Procedural Compliance
Source Language: English

Criminal Law Criminal Procedure Extension of Time Appeals Procedural Compliance

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Parties

Zuberi Kanyika

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has demonstrated good cause for extension of time to file notice of appeal and appeal out of time

Ratio Decidendi

Applicant complied with procedural requirements but appeal was struck out for incompetence; immediate application for extension demonstrated good cause under section 361(2) CPA.

Court Disposition

application granted

Orders

Applicant to file notice of appeal within ten days from ruling date.
Applicant granted twenty-eight days to file appeal, excluding time required for obtaining copy of proceedings, judgment or order appealed against.