angelina do thadeo vs nezia do byoko 2020 tzhc 253 27 february 2020
Leave to appeal is granted as the respondent did not object and the applicant raised arguable grounds including delay and alleged illegality.
Source-derived case information.
- Citation
- angelina do thadeo vs nezia do byoko 2020 tzhc 253 27 february 2020
- Parties
- Applicant: Angelina d/o Thadeo; Respondent: Nezia d/o Byoko
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 February 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
- Outcome
- Application granted
- Legal Topics
- Leave to Appeal, Delay in Supply of Judgment, Illegality in Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angelina d/o Thadeo
Applicant
Nezia d/o Byoko
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted based on delay in supply of judgment and alleged illegality in the primary court's record
Ratio Decidendi
Leave to appeal is granted as the respondent did not object and the applicant raised arguable grounds including delay and alleged illegality.
Court Disposition
Application granted
Orders
- Leave to appeal granted as prayed
- Intended appeal to be filed within fifteen (15) days from the date of this order
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (KIGOMA DISTRICT REGISTRY) AT KIGOMA APPELLATE JURISDICTION MISC. CRIMINAL APPLICATION NO. 1 OF 2020 (Arising from Criminal Appeal No. 13/2019, Kasu/u District Court,; before C.A. Mushi - RM Original Criminal Case No. 138/2019 o f the Primary Court o f Kasu/u District at Kasu/u ANGELINA D/O THADEO............................................ APPLICANT VERSUS NEZIA D/O BYOKO.................................................... RESPONDENT RULING 27/ 02/2020 & 27 / 02/2020 I.e. MUGETA, J. The applicant prays for leave to appeal to this court for reasons stated in the affidavit. One of them is that there was delay to supply the judgment to be appealed and illegality in the primary court's record. The respondent filed a counter affidavit but on hearing she told the court to let the applicant appeal if she wished. The application is granted as prayed. The intended appeal to be filed within fifteen (15) days from the date of this order. No order as to costs. Y * ' ' $ ------- \ ’ feV\V|LC !•* •.‘v 1; ;i M u g e ta >U Judge ' •> / k 7- 27/2/ 2020 Court: Ruling delivered before the parties. Sgd: I.C. Mugeta Judge 27/2/2020