[2002] KECA 59 (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, recognizing that the applicant must be given an opportunity to substantiate the grounds for extension. The order does not determine...
Source-derived case information.
- Citation
- [2002] KECA 59 (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
- interlocutory order; leave granted to file supplementary affidavit; application to be fixed for hearing
- Legal Topics
- Extension of Time, Notice of Appeal, Criminal 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, recognizing that the applicant must be given an opportunity to substantiate the grounds for extension. The order does not determine the substantive application but facilitates the applicant's ability to present supporting evidence for the only ground relied upon.
Court Disposition
interlocutory order; 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
23 paragraphs
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