[2002] KECA 173 (KLR)
The court exercised its discretion to allow the applicant to file a supplementary affidavit in support of his application for extension of time to file a notice of appeal out of time. The order is procedural, enabling the applicant to properly present his grounds for extension before the substantive application is...
Source-derived case information.
- Citation
- [2002] KECA 173 (KLR)
- Parties
- Applicant: Peter Ndung'u Wagura; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 12 of 2002
- Procedural Posture
- Criminal Application / Application for Leave to File Notice of Appeal Out of Time
- Outcome
- leave granted to file supplementary affidavit; application to be fixed for hearing
- Legal Topics
- Extension of Time, Notice of Appeal, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ndung'u Wagura
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to File Notice of Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to allow the applicant to file a supplementary affidavit in support of his application for extension of time to file a notice of appeal out of time. The order is procedural, enabling the applicant to properly present his grounds for extension before the substantive application is heard.
Court Disposition
leave granted to file supplementary affidavit; application to be fixed for hearing
Orders
- The applicant is granted leave to file a supplementary affidavit to support the ground for extension of time.
- The application is to be fixed for hearing in the next session.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU
(CORAM: OWUOR, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 12 OF 2002 (NAK. 3/02) BETWEEN
PETER NDUNG'U WAGURA ................................APPLICANT
AND
REPUBLIC ...........................................RESPONDENT
(Application for leave to file Notice of appeall out of time in an intended appeal from the Judgment of the High Court of Kenya at Nakuru (Lady Justice Ondeyo) dated 13th June, 2001 in H.C.CR. APPEALS NO. 88-89 OF 1999) ******************* O R D E R
I will grant the applicant leave to file a supplementary affidavit to support the only ground upon which he seeks the extension of time for him to file a Notice of appeal out of time. Application to be fixed for hearing in the next session.
Dated and delivered at Nakuru this 16th day of September, 2002. E. OWUOR ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR