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Tanzania decisions
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Revision was not a proper remedy as respondent had a right to appeal, but striking out the revision would perpetuate illegalities due to ex-parte conviction and lack of arraignment; court invoked revisional jurisdiction to nullify illegal proceedings and judgment of Primary Court.
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The High Court in Mwanza granted the applicant 30 days to file a notice of appeal, finding sufficient reason for the delay and no costs order.
The appellant was entitled to appeal against the ex parte decree without first applying to set it aside. The respondents failed to prove three essential elements of malicious prosecution: lack of reasonable and probable cause, malice, and that the criminal proceedings terminated in their favour. Therefore, the trial court erred in awarding damages for malicious prosecution.
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Heirs who were not parties to the original probate proceedings have no right of appeal; their only remedy is to seek revision. The appellant, acting under their power of attorney, was entitled to file for revision, and the district court erred in striking out the application on the basis that an appeal should have been filed.
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The High Court granted a convict 40 days’ extension to file an appeal out of time, finding good cause based on prison custody and financial hardship.
The applicant was not informed of his right to appeal as required by law, and the delay was due to circumstances beyond his control (prison transfers and lack of printing facilities), thus good cause for extension of time was established.
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The applicant accounted for the period of delay as technical delay due to diligent pursuit of his rights through the courts, and his efforts constitute sufficient cause for extension of time to file notice of appeal.
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The applicant, being a prisoner and having faced procedural challenges with the e-CMS system, demonstrated sufficient cause for enlargement of time to appeal, and the right to appeal is a constitutional right warranting special consideration for prisoners.
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High Court granted extension of time to file a notice of appeal, finding arguable illegality on the face of the record concerning judicial notice and admitted facts.
Despite unsatisfactory explanation for delay, the applicants' status as unrepresented persons in custody and the risk of miscarriage of justice due to advocate's mishandling justify granting extension in the interest of substantive justice.
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