[1999] KECA 82 (KLR)
The court found that there was no objection to the application for extension of time and that it was appropriate to grant the extension. Accordingly, the time for lodging the notice of appeal was extended, and the notice of appeal already lodged was deemed to have been filed in time.
Source-derived case information.
- Citation
- [1999] KECA 82 (KLR)
- Parties
- Applicant: Michael Wambua Gituku; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 21 of 1999
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- Application allowed. Time for lodging notice of appeal extended. Notice of appeal deemed filed in time.
- Legal Topics
- Extension of Time, Criminal Appeals, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Wambua Gituku
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal against the High Court judgment.
- 2 Whether the notice of appeal lodged on 29th August, 1999 should be deemed as filed in time.
Ratio Decidendi
The court found that there was no objection to the application for extension of time and that it was appropriate to grant the extension. Accordingly, the time for lodging the notice of appeal was extended, and the notice of appeal already lodged was deemed to have been filed in time.
Court Disposition
Application allowed. Time for lodging notice of appeal extended. Notice of appeal deemed filed in time.
Orders
- Time for lodgment of the notice of appeal against the decision of the High Court dated 19/4/99 is extended.
- The notice of appeal lodged on 29th August, 1999 is deemed to be filed in time.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI 21 OF 1999 (NYR 5/99) BETWEEN
MICHAEL WAMBUA GITUKU .................................APPLICANT AND REPUBLIC ..............................................RESPONDENT
(Application for extension of time to file an appeal from a judgment of the High Court of Kenya at Nyeri (Juma J) dated 19th April, 1999 in
H.C.CR.A. NO. 413 OF 1998)
R U L I N G
There being no objection to the application before me, and in my view quite rightly so, I extend the time for lodgment of the notice of appeal against the decision of the superior court (Juma, J) dated 19/4/99. The notice of appeal lodged on 29th August, 1999 is deemed to be filed in time.
Dated and delivered at Nyeri this 29th day of October,
1999.
A. B. SHAH
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR