[2001] KECA 36 (KLR)
The court exercised its discretion to grant the applicants leave to file their appeals out of time, having considered the application and noting the absence of opposition from the respondent. The judge found that the interests of justice would be served by allowing the applicants to file their appeals within 30 days...
Source-derived case information.
- Citation
- [2001] KECA 36 (KLR)
- Parties
- Applicant: Mohamed Issa Mbela; Applicant: Ali Said Abdalla; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 89 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Leave granted to file appeals within 30 days.
- Legal Topics
- Extension of Time, Criminal Appeals, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Issa Mbela
Applicant
Ali Said Abdalla
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants should be granted leave to file their appeals out of time.
Ratio Decidendi
The court exercised its discretion to grant the applicants leave to file their appeals out of time, having considered the application and noting the absence of opposition from the respondent. The judge found that the interests of justice would be served by allowing the applicants to file their appeals within 30 days from the date of the order.
Court Disposition
Application allowed. Leave granted to file appeals within 30 days.
Orders
- Leave granted to the applicants to file their appeals within 30 days from 24th July, 2001.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL AT MOMBASA CORAM: KWACH, J.A. (IN CHAMBERS) CRIMINAL APPEAL (APPLICATION) NO. 89 OF 2001 BETWEEN MOHAMED ISSA MBELA ALI SAID ABDALLA .................................. APPLICANTS AND REPUBLIC .......................................... RESPONDENT (Application for extension of time in an appeal from a judgment of the High Court of Kenya at Mombasa (Waki J & Khaminwa, Comm of Assize) dated 19th June, 2000 in H.C.CR.A. NOS. 250 & 251 OF 1998) ************************ O R D E R Leave granted to the applicants to file their appeals within 30 days from today. Made at Mombasa this 24th day of July, 2001. R. O. KWACH --------------- JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR