[2002] KECA 238 (KLR)
The court exercised its discretion to grant the extension of time as prayed by the applicant, finding that the circumstances justified allowing the applicant to file the memorandum of appeal out of time. No adverse factors or opposition were recorded, and the interests of justice warranted granting the application.
Source-derived case information.
- Citation
- [2002] KECA 238 (KLR)
- Parties
- Applicant: Joseph Omwalo Aloi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 3 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Extension of time granted.
- 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
Joseph Omwalo Aloi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time as prayed by the applicant, finding that the circumstances justified allowing the applicant to file the memorandum of appeal out of time. No adverse factors or opposition were recorded, and the interests of justice warranted granting the application.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Extension granted as prayed. File Memorandum within 30 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CRIMINAL APPLICATION NO. NAI. 3 OF 2002 (KSM. 5/2002)
BETWEEN
JOSEPH OMWALO ALOI ...................................APPLICANT
AND
REPUBLIC .....................................................RESPONDENT
(Application for extension of time to file an Appeal out of
time from a Judgment of the High Court of Kenya at Kisumu
(Tanui, J.) dated 23rd March, 2001
in
H.C.CR. A. NO. 205 OF 2000
******************
O R D E R
Extension granted as prayed. File Memorandum within 30 days.
Made at Kisumu this 15th day of March, 2002.
A.A. LAKHA ..................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR