[2002] KECA 74 (KLR)
The court exercised its discretion to grant the applicant leave to file and serve the memorandum of appeal within 30 days from the date of the order. The decision was based on the application for extension of time, and the judge found it appropriate to allow the applicant an opportunity to appeal out of time. The...
Source-derived case information.
- Citation
- [2002] KECA 74 (KLR)
- Parties
- Applicant: Hesbon Ogwang' Ayara; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 31 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- Application allowed. Leave granted to file and serve memorandum of appeal within 30 days.
- Legal Topics
- Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Ogwang' Ayara
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
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 from the date of the order. The decision was based on the application for extension of time, and the judge found it appropriate to allow the applicant an opportunity to appeal out of time. The order does not elaborate on the reasons for the exercise of discretion, but the grant of leave indicates the court was satisfied that the circumstances justified an extension.
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 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.31 OF 2002 (KSM.11/2002)
BETWEEN
HESBON OGWANG' AYARA ...................................APPLICANT
AND
REPUBLIC .........................................................RESPONDENT
(An application for extension of time to lodge an appeal
out of time from a Judgment of the High Court of Kenya at
Kisumu (Mr.B.K. Tanui) dated 26th October, 2001
in
H.C.CR.A. NO. 90 OF 2000)
***************
O R D E R
Leave granted to the applicant to file and serve 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