[2002] KECA 57 (KLR)
The court exercised its discretion to grant the extension of time for lodging the notice of appeal, noting that the state did not oppose the application. The extension was granted to cover the period up to and including 26th February, 2001, the date on which the applicant had already lodged his notice of appeal. The...
Source-derived case information.
- Citation
- [2002] KECA 57 (KLR)
- Parties
- Applicant: Issa Musalia Juma; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 157 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Notice of Appeal, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Musalia Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for lodging the notice of appeal, noting that the state did not oppose the application. The extension was granted to cover the period up to and including 26th February, 2001, the date on which the applicant had already lodged his notice of appeal. The absence of opposition and the interests of justice warranted the grant of the extension.
Court Disposition
Application for extension of time allowed.
Orders
- Time for lodging the notice of appeal is extended to include 26th February, 2001.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: BOSIRE, J.A. (IN CHAMBERS)
CRIMINAL APPEAL (APPLICATION) NO. 157 OF 2001
BETWEEN
ISSA MUSALIA JUMA ....................................APPLICANT
AND
REPUBLIC ............................................RESPONDENT
(An application for extension of time to file a notice of
appeal out of time from a judgment of the High Court
of Kenya at Mombasa (Hon. Khaminwa, Comm. of Assize)
dated 4th February, 2000
in
H.C.CR.A. NO. 196 OF 1996)
********************
ORDER
As Miss C.M. Mwaniki for the state does not oppose the application for extension of time within which to lodge a Notice of Appeal, I extend the time for such period as would include 26th February, 2001 when the applicant lodged his notice of appeal.
Made at Mombasa this 18th day of January, 2002.
S.E.O. BOSIRE ....................... JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR