20180219 TZHC Dar es Salaam 2
- Citation
- 20180219 TZHC Dar es Salaam 2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 19 February 2018
- Posture
- Misc. Criminal Application / Ruling on Application for Restoration of Dismissed Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 19 February 2018
- Posture
- Misc. Criminal Application / Ruling on Application for Restoration of Dismissed Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application is uncontested as the respondent failed to file a counter affidavit or provide reasons; therefore, the application for restoration is granted.
Court disposition
Application granted
Orders
- Dismissal order dated 23/8/2017 vacated
- Appeal restored
- Date for necessary orders to be fixed by Deputy Registrar
02
Material facts
Parties
Anthony Gulfer
ApplicantDirector of Public Prosecutions (D.P.P.)
Respondent Counsel: Ms. Neema Mbwana03
Procedural history
Posture
Misc. Criminal Application / Ruling on Application for Restoration of Dismissed Appeal
04
Questions and positions
Legal issues
Whether the application for restoration of the dismissed appeal should be granted
Party arguments
- Applicant
- Application for restoration of the dismissed appeal was filed and served on the respondent.
- Respondent
- No counter affidavit filed and no reasons advanced for failure to contest.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Courts abhor unnecessary adjournment and may grant uncontested applications.
06
Ratio, limits and disposition
Ratio decidendi
The application is uncontested as the respondent failed to file a counter affidavit or provide reasons; therefore, the application for restoration is granted.
Court disposition
Application granted
- Dismissal order dated 23/8/2017 vacated
- Appeal restored
- Date for necessary orders to be fixed by Deputy Registrar
Source and reliance status
TZHC · 19 February 2018
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 19 February 2018
q
IN THE HIGH COURT OF TANZANIA DAR ES SALAAM DISTRICT REGISTRY -
AT DAR ES SALAAM MISC. CRIMINAL APPLICATION NO 173 OF 2017 (Originating from Criminal Case Economic Crime 15/2017 Kisutu Resident Magistrate) ANTHONY GULFER .. .................................................. .APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS (D.P.P.) .................................... RESPONDENT
RULING DYANSOBERA,l. This application for restoration of the dismissed appeal was filed on 19/10/2017. There is no dispute that the respondent were served as evidenced by the appearance. of Ms. Neema Mbwana, learned State Attorney on 29/11/2017. There is no counter affidavit filed by the respondents· and no reasons have advanced for the failure Courts abhor unnecessary adjournment. Consequently, the court finds that the application is uncontested. I hereby grant the application as prayed and vacate the dismissal order dated 23/8/2017. I restore the appeal and the date for necessary orders to be fixed by the Deputy registrar. 1 Order accordingly. --~ - - . ~c~~ ~ . ,✓,-,;:~~ ~1- //~J ~;, \·~1,'. ) ~ JUDGE - - - \\~ ,1:,- /~ ~9/2/2018 . 2
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