[2001] KECA 57 (KLR)
The court dismissed the application for extension of time because the applicant persistently failed to attend court and prosecute the application, demonstrating a lack of interest in pursuing the matter. The court exercised its discretion to dismiss the application due to the applicant's inaction.
Source-derived case information.
- Citation
- [2001] KECA 57 (KLR)
- Parties
- Applicant: Benson Amayi Dkadiza; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 65 of ??
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benson Amayi Dkadiza
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file an appeal out of time.
Ratio Decidendi
The court dismissed the application for extension of time because the applicant persistently failed to attend court and prosecute the application, demonstrating a lack of interest in pursuing the matter. The court exercised its discretion to dismiss the application due to the applicant's inaction.
Court Disposition
application dismissed
Orders
- The application for extension of time to file an appeal out of time is dismissed.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT MOMBASA (Coram: Keiwua, J.A.) CRIMINAL APPEAL/APPLICATION NO. 65 OF 2000 BETWEEN BENSON AMAYI DKADIZA....................................APPLICANT AND REPUBLIC................................................RESPONDENT (Application for extension of time to file an appeal out of time in an intended Appeal from a judgment of the High Court of Kenya at Mombasa (Waki, J.) dated 10th November, 1998 in H.C.CR.A. NO. 274 OF 1997) ************************** O R D E R
Since the appellant has persistently shown no interest in the application by not attending to prosecute the same, it is dismissed accordingly. Dated and delivered at Mombasa this 15th day of January, 2001. M. KEIWUA ................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR