Automated Summary
Key Facts
Saidi Azizi Nambuyo was convicted in criminal case No. 81 of 2019 by the District Court of Ruangwa for burglary under Section 294(1)(a)(2) of the Penal Code and sentenced to two years' imprisonment. He applied for an extension of time to file an appeal after realizing his notice of appeal was out of time. The court granted the extension, allowing him to file the appeal within 45 days from 23 September 2022. The delay was attributed to his transfer between prisons until reaching Lilungu Prison, where he submitted the application. The respondent (the Republic) did not object to the application.
Issues
The primary issue addressed was the applicant's request for an extension of time to file an appeal against a burglary conviction, citing insufficient cause due to being transferred between prisons. The court examined constitutional rights to appeal under Article 13(6)(a) of the Tanzanian Constitution and judicial discretion in granting extensions, emphasizing that delays not constituting procedural abuse or prejudice to the respondent warrant consideration.
Holdings
The court granted the applicant an extension of time to file his appeal, determining that the delay was not due to procedural abuse and that the respondent would not suffer prejudice. The applicant was allowed to file his appeal within 45 days from 23 September 2022.
Remedies
The court granted an extension of time to file the appeal. The applicant is required to file the appeal within 45 days from 23 September 2022 and serve the respondent accordingly.
Legal Principles
The court emphasized that the right to appeal is constitutional and that discretion to grant extensions must be exercised judiciously based on the specific circumstances of each case, ensuring no procedural abuse or prejudice to the respondent.
Precedent Name
- Regional Manager Tanroads Kagera Vs. Ruaha Concrete Co Ltd
- Mobrama Gold Corporation Ltd Vs. Minister for Energy and Mineral & East African Goldmines Ltd
- Emmanuel Bilinge Vs. Praxeda Ogwever & Another
- Lyamuya Construction Company Ltd Vs. Board of Registered Trustee of Young Women's Christian Association of Tanzania
- Zaida Baraka & 2 Others Vs. Exim Bank (T) Limited
Cited Statute
Penal Code
Judge Name
Z. G. Muruke
Passage Text
- It is generally inappropriate to deny a party an extension of time where such denial will stifle his case; as the respondents' delay does not constitute a case of procedural abuse or contemptuous default and because the respondent will not suffer any prejudice, if extension sought is granted.
- Having gone through applicant's affidavit, it is worth insisting that, it is a constitutional right to whoever aggrieved to appeal to the superior court. Such right should be accompanied with a right to apply and granted extension of time if the delay was caused by sufficient reason.
- What constitutes sufficient reasons cannot be laid down by any hard or fast rules. This must be determined by reference to all the circumstances of each particular case. This means the applicant must place before the court material which will move the court to exercise judicial discretion in order to extend time limited by rules