[2023] KEHC 18034 (KLR)
The court found it necessary for the lower court file to be availed in typed form to facilitate the expeditious hearing of the appeal. The court also set clear timelines for service of the application and for the respondent to file a response, ensuring procedural fairness and efficiency in the appellate process. The...
Source-derived case information.
- Citation
- [2023] KEHC 18034 (KLR)
- Parties
- Appellant: Offem James Omini; Appellant: Olusegun Adewale Popoola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E140 of 2023
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Application
- Outcome
- interlocutory orders granted
- Judges
- DR Kavedza
- Legal Topics
- Appeal Procedure, Case Management, Filing Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Offem James Omini
Appellant
Olusegun Adewale Popoola
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Application
Legal Issues
- 1 Whether the lower court file should be availed for the appeal process.
- 2 Whether timelines for service and response should be set for the application.
Ratio Decidendi
The court found it necessary for the lower court file to be availed in typed form to facilitate the expeditious hearing of the appeal. The court also set clear timelines for service of the application and for the respondent to file a response, ensuring procedural fairness and efficiency in the appellate process. The orders were made to streamline the management of the appeal and to ensure all parties are accorded an opportunity to participate effectively.
Court Disposition
interlocutory orders granted
Orders
- The lower court file to be availed typed on July 12, 2023 without fail.
- The application and the order of this Court to be served upon the respondent within seven (7) days from the date hereof.
Full Case Text
Judgment text and source record
22 paragraphs
Omini & another v Republic (Criminal Appeal E140 of 2023) [2023] KEHC 18034 (KLR) (Crim) (26 May 2023) (Ruling)
Neutral citation: [2023] KEHC 18034 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E140 of 2023
DR Kavedza, J
May 26, 2023
Between
Offem James Omini
1st Appellant
Olusegun Adewale Popoola
2nd Appellant
and
Republic
Respondent
Ruling
I have gone through the Notice of Motion application under certificate dated May 24, 2023 and the supporting affidavit of Vincent Oketch Nyabundo, Advocate for the appellants, and issue the following orders: 1. The lower court file to be availed typed on July 12, 2023 without fail.
2. The application and the order of this Court to be served upon the respondent within seven (7) days from the date hereof.
3. The respondent to file a response within fourteen (14) days upon service.
4. Mention on July 20, 2023 for directions.
RULING DELIVERED AND DATED THIS 26TH DAY OF MAY 2023. In the absence of parties.............................................D. KAVEDZAJUDGE