[2002] KECA 281 (KLR)
The court found that the affidavit supporting the application for extension of time was insufficient and did not provide adequate material for the court to exercise its discretion. As a result, the court granted the applicant leave to file a supplementary affidavit stating the basic facts necessary for the...
Source-derived case information.
- Citation
- [2002] KECA 281 (KLR)
- Parties
- Applicant: Geofrey Lunalo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 22 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- adjourned
- Judges
- E Owuor
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Procedure
- 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 / Application for Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient material to warrant the exercise of the court's discretion to extend time to lodge a notice of appeal.
Ratio Decidendi
The court found that the affidavit supporting the application for extension of time was insufficient and did not provide adequate material for the court to exercise its discretion. As a result, the court granted the applicant leave to file a supplementary affidavit stating the basic facts necessary for the determination of the application. The matter was adjourned to allow the applicant to provide the required information.
Court Disposition
adjourned
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 in the next session.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NAKURU(CORAM: OWUOR, J.A (IN CHAMBERS)CRIMINAL APPLICATION NO. NAI. 22 OF 2002 BETWEEN
GEOFREY LUNALO .......................................APPLICANT
AND
REPUBLIC ............................................RESPONDENT
(Application for extension of time to lodge a Notice of appeal out of time in an intended appeal from the Judgment of the High Court of Kenya at Eldolet (Mr. Justice Omondi Tunya) dated 16th January, 2002in
H.C. CR. APPEAL NO. 129 OF 1999)
********************
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 session.
Dated and 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