[2003] KECA 125 (KLR)
The Court found that the late provision of submissions relied upon in the superior court constituted a valid reason for adjournment. Both parties required time to review the documents to ensure a fair hearing. The appeal was accordingly removed from the day's hearing list and ordered to be fixed for hearing in the...
Source-derived case information.
- Citation
- [2003] KECA 125 (KLR)
- Parties
- Appellant: Pwani Mohamed; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 62 of 2002
- Procedural Posture
- Criminal Appeal / Application for Adjournment Prior to Substantive Hearing
- Outcome
- Appeal adjourned; to be fixed for hearing in the next session.
- Legal Topics
- Adjournment of Hearing, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pwani Mohamed
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Adjournment Prior to Substantive Hearing
Legal Issues
- 1 Whether the appeal should be adjourned due to late provision of submissions relied upon in the superior court.
Ratio Decidendi
The Court found that the late provision of submissions relied upon in the superior court constituted a valid reason for adjournment. Both parties required time to review the documents to ensure a fair hearing. The appeal was accordingly removed from the day's hearing list and ordered to be fixed for hearing in the next session.
Court Disposition
Appeal adjourned; to be fixed for hearing in the next session.
Orders
- The appeal is taken out of today's hearing list.
- The appeal shall be fixed for hearing in the next session.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT MOMBASA
(CORAM: CHUNGA, C.J, TUNOI & OWUOR, JJ.A) CRIMINAL APPEAL NO. 62 OF 2002
BETWEEN PWANI MOHAMED ........................................APPELLANT AND REPUBLIC ............................................RESPONDENT
(Appeal from the Judgment of the High Court of Kenya at Mombasa (Mr. Justice Osiemo & Khaminwa, Comm. of Assize) dated 23rd October, 2001 in H.C.CR. APPEAL NO. 83 OF 1999) ****************** RULING OF THE COURT
Mr. Ngombo, counsel for the appellant, has requested for an adjournment on the ground that copies of submission relied upon by the appellant in the superior court were not made part of the record of this Court and have just been given to them. In that regard, both counsel require time study the same. We are satisfied that this is a valid reason for us to take out this appeal from today's hearing list and order that the same be fixed for hearing in the next session.
Made and delivered at Mombasa this 21st day of January, 2003.
B. CHUNGA ............... CHIEF JUSTICE P.K. TUNOI ...............
JUDGE OF APPEAL E. OWUOR ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR