[2002] KECA 73 (KLR)
The court exercised its discretion to grant the applicant leave to file and serve the memorandum of appeal within 30 days, having considered the application for extension of time. The order does not elaborate on the reasons, but the grant of leave indicates the court was satisfied that the applicant met the...
Source-derived case information.
- Citation
- [2002] KECA 73 (KLR)
- Parties
- Applicant: George Ouma Odhiambo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 34 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- Application allowed. Leave granted to file and serve memorandum of appeal within 30 days.
- Judges
- RO Kwach
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ouma Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file and serve a memorandum of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to file and serve the memorandum of appeal within 30 days, having considered the application for extension of time. The order does not elaborate on the reasons, but the grant of leave indicates the court was satisfied that the applicant met the threshold for extension under the applicable law.
Court Disposition
Application allowed. Leave granted to file and serve memorandum of appeal within 30 days.
Orders
- Leave granted to the applicant to file and serve the memorandum of appeal within 30 days from the date of the order.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: KWACH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 34 OF 2002 (KSM 15/02)
BETWEEN
GEORGE OUMA ODHIAMBO......................................APPLICANT
AND
REPUBLIC...............................................................RESPONDENT
(An application for extension of time to lodge an appeal
out of time from the judgment of the High Court of Kenya
at Kisumu(Tanui & Gacheche, JJ.) dated 15th March, 2002
in
H.C.CR.A. NO. 208 OF 2002)
******************
ORDER
Leave granted to the applicant to file and serve the memorandum of appeal within 30 days from today.
Made at Kisumu this 25th day of November, 2002.
R.O. KWACH...............JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR