[2002] KECA 252 (KLR)
The court found that the affidavit upon which the application was grounded was insufficient and did not contain enough material for the court to make a decision. Consequently, the court exercised its discretion to grant the applicant leave to file a supplementary affidavit stating the basic facts of the matter. The...
Source-derived case information.
- Citation
- [2002] KECA 252 (KLR)
- Parties
- Applicant: Geofrey Lunalo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 22 of 2002
- Procedural Posture
- Criminal Application / Interlocutory
- Outcome
- Application adjourned; leave granted to file supplementary affidavit.
- Judges
- E Owuor
- Legal Topics
- Supplementary Affidavit, Leave to File, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Lunalo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Interlocutory
Legal Issues
- 1 Whether the affidavit filed by the applicant contains sufficient material for the court to exercise its discretion.
- 2 Whether the applicant should be granted leave to file a supplementary affidavit stating the basic facts.
Ratio Decidendi
The court found that the affidavit upon which the application was grounded was insufficient and did not contain enough material for the court to make a decision. Consequently, the court exercised its discretion to grant the applicant leave to file a supplementary affidavit stating the basic facts of the matter. The application was adjourned to allow for this, emphasizing the necessity for adequate factual foundation in applications before the court.
Court Disposition
Application adjourned; leave granted to file supplementary affidavit.
Orders
- The applicant is granted leave to file a supplementary affidavit stating the basic facts in the matter.
- The application is adjourned to be fixed for hearing at a later date.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU
CRIMINAL APPL 22 OF 2002
GEOFREY LUNALO .......................................APPLICANT
AND
REPUBLIC ............................................RESPONDENT
O R D E R
This is a court of record. The affidavit upon which the application is grounded and upon which I am required to exercise my discretion is insufficient and does not contain sufficient material for this Court to make a decision. I will, in that regard, grant the applicant leave to file a supplementary affidavit stating the basic facts in the matter.
The application is hereby adjourned to be fixed for hearing in the next a nsde sdseiloin
Delivered at Nakuru this 18th day of September, 2002.
E. OWUOR
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR