alli hassan livingstone salum vs republic 2009 tzhc 223 16 september 2009
Since the applicant has a constitutional right to appeal and there is no objection from the respondent, the application is granted.
Source-derived case information.
- Citation
- alli hassan livingstone salum vs republic 2009 tzhc 223 16 september 2009
- Parties
- Applicant: Alli Hassan Livingston @ Salum; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 September 2009
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application granted
- Legal Topics
- Right of Appeal, Grant of Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alli Hassan Livingston @ Salum
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant should be granted leave to appeal against the decision of the lower court
Ratio Decidendi
Since the applicant has a constitutional right to appeal and there is no objection from the respondent, the application is granted.
Court Disposition
Application granted
Orders
- Application granted
- Mention set for 21/10/2009
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DODOMA MISC. CRIMINAL APPLICATION NO. 72 OF 2005 Original from Criminal Case No. 29 of 1998 of Mpwapwa District Court) ALLI HASSAN LIVINGSTON @ SALUM.............. APPLICANT Versus THE REPUBLIC RESPONDENT R U L I N G HON. MWANGESI.J. An appeal to challenge the decision of a lower Court is a constitutional right as submitted by M/S Mdulugu. Since the appellant wants to exercise that right and the fact that there is no objection from the respondent, there is no any reason whatsoever as to why the appellant should not be availed with such constitutional right. As such, the application by the applicant is hereby granted. (S. S. MWANG JUDGE 16/9/2009 Order: - Mention 21/10/2009. (S. S. MWANGESI JUDGE 16/9/2009