Kyalamali Mathayo versus The Republic; Criminal Application No. 15 of 2013: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Court of Appeal Rules
- Extension of time – factors to be taken into consideration.
- Review – application for review in the court of Appeal – what are the grounds?
Held:-
(i) The major principle for extension of time under Rule 10 of the Court of Appeal Rules is that the applicant must establish a good cause. A good cause is made up when the applicant has shown that the delay is not inordinate and has accounted for all the time of delay. This has been taken to mean an explanation of the reasons for every single day of delay and the duration of those reasons.
(ii) The second principle is that the applicant must show that he did not contribute to the delay by his actions, inactions or conduct.
(iii) The third principle is that the applicant must show that he has an arguable case such as illegality of the impugned decision.
(iv) The primary purpose of review is to address irregularities of a decision or proceedings that have caused injustice to a party. An applicant for extension of time to apply for review is expected to give a hint or such irregularity or irregularities that he intends to rely on in the putative application for review.