[2002] KECA 22 (KLR)
The court exercised its discretion to grant the applicant leave to file the intended appeal out of time, noting that the application was not opposed by the respondent. The absence of opposition and the applicant's request for extension of time were sufficient grounds for the court to allow the application, provided...
Source-derived case information.
- Citation
- [2002] KECA 22 (KLR)
- Parties
- Applicant: Amechi Peter Uruozor; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 9 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- 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
Amechi Peter Uruozor
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an intended appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to file the intended appeal out of time, noting that the application was not opposed by the respondent. The absence of opposition and the applicant's request for extension of time were sufficient grounds for the court to allow the application, provided the appeal is filed and served within 14 days of the decision.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant is granted leave to file the intended appeal out of time.
- The appeal must be filed and served on the respondent within 14 days of this decision.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KEIWUA, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI.9 OF 2002
BETWEEN
AMECHI PETER URUOZOR .............................. APPLICANT
AND
REPUBLIC ....................................................... RESPONDENT
An application for extension of time in an intended appeal from a judgment of the
High Court of Kenya at Nairobi (Mr. Justice Patel) dated 7th November 2001
in
H.C.CR. App. No.976 of 2001)
******************
O R D E R
The application not being opposed I grant the applicant leave to file his intended appeal out of time namely the appeal must be filed and served on the respondent within 14 days of this decision.
Dated and delivered at Nairobi this 20th day of May 2002
M. KEIWUA .................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR