David Mwafwalo vs Republic (High Court Misc. Criminal Application No. 1 of 1991) [1991] TZHC 2250 (23 July 1991)
Judgment
HIGH COURT OF SIGH URT MISC. CRfl1flJL tPPLIC1!FION NO. I OF 1991 (oRxGnL CRiIN.L CLSE NO. 7 OF 1986 OF TEE DISTRICT COURT OF LUDEW.t DISflICT AT LtJDF1i.) 4PPLtC.TION FOR LEAVE. ¶10 4tPPL OUT OF TIME D.lVIDNW..JW:.LO .PPLICNT V2RSI.TS THE R4PUBLIC RPaDNT MSHOTS Piff (.J) The appellant was charged and convioted. by Ludewa District Court of Robbery with violence c/s 285 and 286 of the Penal Code and sentenoed, to fifteen years iuipriaonniento He has now filød this applioation for leave to appeal out of time 0 The only reason advanced by the applicant for $he delay is that he did not receive the copy of Judgement in time as he was being 'transferred from one prison to anotber, MR. Sengwaji# Principal State J'ttóner who appeared for the Re1iblic respondent did not oppoo the leave beibg ,ranted to the appellant to a1ppeal out of time. In the absence of contrary ev±denóe I am satisfied that the applicant had a good oauae for delay. The application is hereby grantedij 1.
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/F.S. Maho1e 23/7/1991 RESIDINT (E.J.)