20090916 TZHC Dodoma
Since the right to appeal is constitutional and there is no objection from the respondent, the applicant should be granted leave to appeal.
Source-derived case information.
- Citation
- 20090916 TZHC Dodoma
- Parties
- Applicant: Alli Hassan Livingston; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 September 2009
- Procedural Posture
- Misc. 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
Applicant
The Republic
Respondent
Procedural Posture
Misc. 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 right to appeal is constitutional and there is no objection from the respondent, the applicant should be granted leave to appeal.
Court Disposition
Application granted
Orders
- Application for leave to appeal is granted.
- Case mentioned for further proceedings on 21/10/2009.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT O.F TANZANIA MISC. CRIMINAL APPLICATION . . AT DODOMA NO. 72 OF 2005 • . Orlg~nil[from- Criminal Case No. 29 of 1998 of. Mpwapwa District; Court) , . . ' ' 'I . . 0 SALUf!I ALLI HASSAN LIVINGSTON. ~·., ....... :: ~.~ ..... APPLICANT THE REPUBLIC. ............. .. ' ~ ..... iu .. , ..... . 11~.i~~ ,·: .......... . . RESPONDENT .·. . . RU LI N· G: HON. MWANGESI, J. An appeal to challenge the deci~_ion of_ a lower Court is a constitutional right as submitted by · M/S Mdulugu. Since the appellant wants to exercise that right arad the fact that there is no objection from the respondent, there is no ahy reason whatsoever as to why the appellant should not be availed with such constitutional right. As such, the application by the ~pplicant is hereby granted. -· s.--------tu:c~ (S. ,-- MWANGES,L'-&----- JUDGE 16/9/2009 Order: - Mention 21/10/2009. ~ .,___....__ ~-- (S. S. MWANGESlr----- JUDGE 16/9/2009 .