[2000] KECA 401 (KLR)
The court found that there was no objection to the application for extension of time to lodge the notice of appeal and memorandum of appeal. Exercising its discretion, the court deemed the notice of appeal and memorandum of appeal as properly lodged within time, thereby allowing the application. The absence of...
Source-derived case information.
- Citation
- [2000] KECA 401 (KLR)
- Parties
- Appellant: Enock Motari Kiboma; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 102 of 1999
- Procedural Posture
- Criminal Appeal / Application for Extension of Time
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Notice of Appeal, Memorandum of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Motari Kiboma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a notice of appeal and memorandum of appeal out of time.
Ratio Decidendi
The court found that there was no objection to the application for extension of time to lodge the notice of appeal and memorandum of appeal. Exercising its discretion, the court deemed the notice of appeal and memorandum of appeal as properly lodged within time, thereby allowing the application. The absence of opposition and the interests of justice justified the extension.
Court Disposition
Application for extension of time allowed.
Orders
- Time for lodging notice of appeal and memorandum of appeal is extended.
- The notice of appeal lodged on 22nd July, 1999 is deemed to have been lodged in time.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE COURT OF APPEAL AT MOMBASA (CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPEAL (APPLICATION) NO. 102 OF 1999 BETWEEN ENOCK MOTARI KIBOMA.........................APPELLANT AND REPUBLIC..........................................RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Hayanga) dated 23rd October, 1998 in H.C.CR.A. NO. 468 OF 1996) *********** R U L I N G There is no objection to the application by the applicant for extension of time to lodge a notice of appeal and memorandum of appeal out of time, and in my view rightly so. Notice of appeal was lodged on 22nd July, 1999. I extend time suitably so that that notice of appeal is deemed to be lodged in time. The memorandum of appeal lodged herein is also deemed to have been lodged in time.
Dated and delivered at Mombasa this 18th day of January, 2000. A. B. SHAH JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.