Automated Summary
Key Facts
Hamis Swaibu applied for an extension of time to file a Notice of Appeal after the judgment was delivered on 2020-10-30. He filed the application on 2020-11-27, citing attendance at his father's burial in Bukoba as the reason for the delay. The court granted the extension on 2021-02-17, finding sufficient cause for the delay based on the appended bus tickets. The applicant must file the Notice of Appeal within 14 days from the ruling date (excluding weekdays).
Issues
The court considered whether the applicant's delay in filing a Notice of Appeal was justified by sufficient cause, as he was in Bukoba attending a burial. The applicant provided bus tickets as evidence of travel to and from Bukoba. The court found the delay was with sufficient cause and granted the extension, emphasizing the interest of justice.
Holdings
I am satisfied that the applicant has stated good reasons for his delay to file a Notice of Appeal and in the interest of justice, I proceed to grant the application. The Applicant has to file his Notice of Appeal within 14 days from the date of this Ruling, weekdays are excluded.
Remedies
The court granted the applicant's application for an extension of time to file a Notice of Appeal. The applicant has 14 days, excluding weekdays, from the date of the ruling (17.02.2021) to submit the Notice. The ruling was delivered via audio teleconference.
Legal Principles
The court emphasized that applications for extension of time are entirely within its discretion and must be granted only where sufficient cause for the delay is established, as held in Benedict Mumelo v Bank of Tanzania [2006] 1 EA 227. This principle requires applicants to demonstrate good reasons for the delay, the merit of the appeal, and that no undue prejudice would result to the respondent.
Precedent Name
Benedict Mumelo v Bank of Tanzania
Cited Statute
Criminal Procedure Act
Judge Name
A.Z. MGEYEKWA
Passage Text
- He submitted that the Judgment was delivered on 30th October, 2020 and he filed this application on 27th November, 2020. He added that he was not able to file a Notice of Appeal because he was in Bukoba attending a burial ceremony of his late father.
- I am satisfied that the applicant has stated good reasons for his delay to file the Notice of Appeal and in the interest of justice, I proceed to grant the application.
- Before the court can exercise its unfettered discretion to extend time in favour of an applicant, the applicant is required to satisfy the Court, inter alia, that there is merit in the appeal, the extension of time will not cause undue prejudice to the respondent and the delay has not been inordinate.