[2006] KECA 300 (KLR)
The court found that, in light of the supporting affidavit by the applicant's counsel and the absence of opposition from the respondent, there was sufficient cause to grant the extension of time to validate the notice of appeal as filed within time. The court also found it appropriate to grant leave for the...
Source-derived case information.
- Citation
- [2006] KECA 300 (KLR)
- Parties
- Applicant: Nickson Ngongodi Chanzu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 1 of 2006
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Validate Notice of Appeal and File Supplementary Memorandum of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Notice of Appeal, Supplementary Memorandum, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nickson Ngongodi Chanzu
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to Validate Notice of Appeal and File Supplementary Memorandum of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to validate the already filed notice of appeal as filed within time.
- 2 Whether the applicant should be granted leave to file a supplementary memorandum of appeal.
Ratio Decidendi
The court found that, in light of the supporting affidavit by the applicant's counsel and the absence of opposition from the respondent, there was sufficient cause to grant the extension of time to validate the notice of appeal as filed within time. The court also found it appropriate to grant leave for the applicant to file a supplementary memorandum of appeal. The application was therefore allowed in its entirety, validating the notice of appeal and granting leave for the supplementary memorandum.
Court Disposition
application allowed
Orders
- The notice of appeal already filed is deemed to have been filed within the time extended.
- The applicant is granted leave to file a supplementary memorandum of appeal.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU
CRIMINAL APPEAL 1 OF 2006
NICKSON NGONGODI CHANZU……………..……........……………APPLICANT
AND
REPUBLIC……………………...……………………….......…………RESPONDENT
(An application for extension of time to validate the already filed Notice of Appeal as filed within time and extension of time to file a supplementary Memorandum of Appeal in an intended appeal from the judgment of the High Court of Kenya at Kakamega, (Sergon & Kariuki, JJ) dated 28/4/2005
in
H.C.CR.A. NO. 49 OF 2003)
******************
R U L I N G
This is an application under Rules 4, 16, 14and44 of the Court of Appeal Rules seeking extension of time in which to file notice of appeal so that the notice of appeal already filed be validated as filed within time. There is also a second prayer that the applicant be granted leave to file supplementary memorandum of appeal. This application is supported by the affidavit of Mr. Odunga the learned counsel for the applicant.
Mr. Musau who is appearing for the State has no objection to this application.
In view of what is stated by Mr. Odunga in his affidavit and the fact that this application is not opposed I hereby allow the application so that the notice of appeal already filed is deemed to have been filed within the time extended. The applicant is also granted leave to file a supplementary memorandum of appeal.
MADE at KISUMU this 27th day of March, 2006.
E..O. O’KUBASU
…………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR