[2002] KECA 96 (KLR)
The court exercised its discretion to extend the time for lodging the notice of appeal, noting that the respondent did not object to the application. The absence of opposition and the court's inherent power to grant extensions in the interest of justice were determinative. The appeal filed shall be deemed to have...
Source-derived case information.
- Citation
- [2002] KECA 96 (KLR)
- Parties
- Applicant: Alphonce Mackenzie; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 163 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alphonce Mackenzie
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to extend the time for lodging the notice of appeal, noting that the respondent did not object to the application. The absence of opposition and the court's inherent power to grant extensions in the interest of justice were determinative. The appeal filed shall be deemed to have been filed within the extended time granted by the court.
Court Disposition
Application for extension of time allowed.
Orders
- Time is extended so that the appeal filed shall be deemed to have been filed within such extended time.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT MOMBASA CORAM: LAKHA, J.A. (IN CHAMBERS) CRIMINAL APPEAL (APPLICATION) NO. 163 OF 2001 BETWEEN ALPHONCE MACKENZIE .................................. APPLICANT AND REPUBLIC .......................................... RESPONDENT (Application for extension of time to lodge a notice of appeal out of time in an intended appeal from a judgment of the High Court of Kenya at Mombasa (Khaminwa (Mrs.) Commissioner of Assize) dated 24th August, 1999 in H.C.CR.A. NO. 375 OF 1999) ********************* O R D E R:
Miss Mwaniki, state counsel for the Respondent not objecting time is extended so that the appeal filed shall be deemed to have been filed within such extended time. Made at Mombasa this 22nd day of January, 2002. A. A. LAKHA ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR