[2002] KECA 72 (KLR)
The court granted the extension of time to lodge the notice of appeal because the state did not object to the application, and there was no indication of prejudice or improper motive. The court exercised its discretion in favour of the applicant, deeming the notice of appeal already lodged as properly filed within...
Source-derived case information.
- Citation
- [2002] KECA 72 (KLR)
- Parties
- Applicant: James Otieno Juma; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 39 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Appeal
- Outcome
- Application allowed. Time to lodge notice of appeal extended.
- 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
James Otieno Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a notice of appeal out of time.
Ratio Decidendi
The court granted the extension of time to lodge the notice of appeal because the state did not object to the application, and there was no indication of prejudice or improper motive. The court exercised its discretion in favour of the applicant, deeming the notice of appeal already lodged as properly filed within time. The decision was made to facilitate the hearing of the appeal on its merits and to avoid technical injustice.
Court Disposition
Application allowed. Time to lodge notice of appeal extended.
Orders
- Time to lodge the applicant's notice of appeal out of time is extended.
- The notice of appeal already lodged on 19th July, 2002 is deemed to be filed in time.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
CORAM: SHAH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI.39 OF 2002 (KSM.2/2002)
BETWEEN
JAMES OTIENO JUMA .....................................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 (Tanui & Gacheche,JJ) dated 17th June, 2002
in
H.C.C.CR. APPEAL NO. 88 OF 2001)
************
R U L I N G
The state not objecting, quite properly so, I extend time to lodge the applicant's notice of appeal out of time so that the notice of appeal already lodged on 19th July, 2002 is deemed to be filed in time. The Registry may proceed prepare the record of appeal.
Dated and delivered at Kisumu this 25th day of November, 2002.
A. B. SHAH....................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR