19920316 TZHC Dar es Salaam
The delay was not justified as the DPP previously stated there was insufficient evidence, and the affidavit's claim of overwhelming chances of success is untrue.
Source-derived case information.
- Citation
- 19920316 TZHC Dar es Salaam
- Parties
- Applicant: Republic; Respondent: Mtilia Nusu #Ela
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 1992
- Procedural Posture
- Application for Leave to Appeal Out of Time / Ruling
- Outcome
- application dismissed
- Legal Topics
- Leave to Appeal, Extension of Time, Delay in Communication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mtilia Nusu #Ela
Respondent
Procedural Posture
Application for Leave to Appeal Out of Time / Ruling
Legal Issues
- 1 Whether sufficient grounds exist to grant leave to appeal out of time
- 2 Whether delay in communication to DPP constitutes valid reason for extension
Ratio Decidendi
The delay was not justified as the DPP previously stated there was insufficient evidence, and the affidavit's claim of overwhelming chances of success is untrue.
Court Disposition
application dismissed
Orders
- application for leave to appeal out of time is dismissed
Full Case Text
Judgment text and source record
1 paragraphs
,~ / I ~ ,' l ' \ IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM MISC. ~CONOMIC CAUSE N0.1 OF 1990 REPUBLIC VERSUS MTILIA NUSU #ELA RULING ;§AHATI,Js This is an application for leave to appeal out ~f time against the decision of the District ~curt at Ifakara. The reasons given for the delay are that there was no communication to the DPP after the respondent was aoquitted until after quite some time had pass~d. Mr. Mallaba, learned State Attorney submitted that there were ~\P.~whelming chances of sucoeas. This is a 1982 case which was concluded ~n 21/7/89 in the presence of the Public·Eroseoutor for the Republic. Tte record shows that the DPP in his letter to the Regional Naturel Resources Officer of Morogoro dated 1/6/90 was of the view,that there was " no evidence sufficient ta prove the charge in the Diat:-~iot Court. It is therefore quite interesting now to hear Mr. MalLlba for the DPP state that the appeal (intended) has overwhel~1ng chances of success. I do not know ·,, what has prompted this abo'l,.1- 'burn on the part of the DPP. It follows therefore that that part 'in the affida·•:i. t of Miss Korosso accompanying the application (.para 5) canr,0t be -~ true.'.-.·. The application is dismissed • . . . ~..- "'. '· '.~' ...... - ,, -, ' - -~ . ' ' e_, ...-..;,. • r:....", ,./' ~-" :--~ ' . :.~: : ... . ..·,;, •'' /{J . ~----~~:-::.,~Ii .,.,_~- ..... :.,__..- in court • ..r ~uplio-ant..---· - . ..,..,~----· ~- ..." --.,,~~.,, . -.. ------~:_.·,.. ·-- ···--. t<. ·.. A. BAHATI \ J UDGE ,& ' _1-,i( 92. ·,. ·r ... ,,.. f' .-l ► ... 1.1 .L':.i.::......)\~ . .,.., .• -- . ,L • :r. .-il-~~J.::.-1-_..:.___ :,