[2003] KECA 91 (KLR)
The court found that the applicant's delay in filing the appeal was justified as it was caused by the failure to obtain a copy of the judgment in time. Since the respondent did not oppose the application, the court exercised its discretion to allow the extension of time, enabling the applicant to file the appeal...
Source-derived case information.
- Citation
- [2003] KECA 91 (KLR)
- Parties
- Applicant: Boniface Emuria Loro; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 225 of 2002
- Procedural Posture
- Criminal Appeal Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeal Procedure, Late Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Emuria Loro
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the applicant's delay in filing the appeal was justified as it was caused by the failure to obtain a copy of the judgment in time. Since the respondent did not oppose the application, the court exercised its discretion to allow the extension of time, enabling the applicant to file the appeal within seven days.
Court Disposition
Application allowed.
Orders
- The applicant is granted leave to file the appeal out of time.
- The applicant must file the appeal within seven (7) days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: O'KUBASU, J.A. (IN CHAMBERS)
CRIMINAL APPEAL (APPLICATION) NO. 225 OF 2002
BETWEEN
BONIFACE EMURIA LORO .............................. APPLICANT
AND
REPUBLIC .......................................... RESPONDENT
(Application for extension of time to file an appeal out
of time from a judgment of the High Court of Kenya
at Mombasa (Comm Tutui) dated 28th February, 2001
in
H.C.CR.A. NO. 400 OF 1999)
****************
R U L I N G
This is an application for leave to file appeal out of time. The main reason for the delay in filing the appeal within the prescribed period is that the applicant was not supplied with the copy of the judgment in time.
The learned state counsel does not oppose this application and hence the same is allowed. The applicant is to file his appeal within seven (7) days.
Made at Mombasa this 28th day of January, 2003.
E. O. O'KUBASU
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR