20180219 TZHC Dar es Salaam 2
The application is uncontested as the respondent failed to file a counter affidavit or provide reasons; therefore, the application for restoration is granted.
Source-derived case information.
- Citation
- 20180219 TZHC Dar es Salaam 2
- Parties
- Applicant: Anthony Gulfer; Respondent: Director of Public Prosecutions (D.P.P.)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2018
- Procedural Posture
- Misc. Criminal Application / Ruling on Application for Restoration of Dismissed Appeal
- Outcome
- Application granted
- Legal Topics
- Restoration of Appeal, Dismissal of Appeal, Uncontested Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Gulfer
Applicant
Director of Public Prosecutions (D.P.P.)
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Application for Restoration of Dismissed Appeal
Legal Issues
- 1 Whether the application for restoration of the dismissed appeal should be granted
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
Orders
- Dismissal order dated 23/8/2017 vacated
- Appeal restored
Full Case Text
Judgment text and source record
1 paragraphs
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