[1997] KECA 115 (KLR)
The court found that although the applicant did not expressly seek extension of time to lodge the Notice of Appeal, the respondent did not oppose the application or object to the Notice of Appeal being deemed as properly filed. Exercising its discretion, the court extended the time for lodging the Notice of Appeal...
Source-derived case information.
- Citation
- [1997] KECA 115 (KLR)
- Parties
- Applicant: Reuben M. Muli; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 4 of 1996
- Procedural Posture
- Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Time to lodge Notice of Appeal extended to 1st November, 1995. Notice of Appeal lodged on that date deemed as properly filed within extended time.
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Notice of Appeal, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben M. Muli
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
- 2 Whether the Notice of Appeal lodged on 1st November, 1995 should be deemed as properly filed within the extended time.
Ratio Decidendi
The court found that although the applicant did not expressly seek extension of time to lodge the Notice of Appeal, the respondent did not oppose the application or object to the Notice of Appeal being deemed as properly filed. Exercising its discretion, the court extended the time for lodging the Notice of Appeal to 1st November, 1995 and ordered that the Notice of Appeal filed on that date be deemed as lodged within the extended time. The decision was based on the absence of opposition and the court's power to regularize procedural matters to facilitate substantive justice.
Court Disposition
Application allowed. Time to lodge Notice of Appeal extended to 1st November, 1995. Notice of Appeal lodged on that date deemed as properly filed within extended time.
Orders
- Time within which to lodge the Notice of Appeal is extended to 1st November, 1995.
- The Notice of Appeal lodged in the superior court on 1st November, 1995 is deemed to have been lodged within the extended time.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: GICHERU, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 4 OF 1996
BETWEEN
REUBEN M . MULI……………......………..APPLICANT
AND
REPUBLIC………………………………RESPONDENT
(Application for leave to appeal out of time in an intended appeal from the order of revision of the High Court of Kenya at Nairobi (Apaloo, CJ.,) dated 3/11/94
IN
CRIMINAL CASE NO. 59 OF 1994)
******************************
ORDER
Mr. Bwonwong’a does not oppose this application but from the look of it, it would appear that Notice of Appeal was lodged out of time in the superior court on 1st November, 1995. Although the applicant seems not to seek extension of time within which to lodge the Notice of Appeal in his present application, Mr. Bwonwong’a for the respondent does not object to the aforesaid Notice of Appeal being deemed to have been lodged within the extended time as at the date of lodging the said Notice. In the result I extend time within which to lodge the Notice of Appeal to 1st November, 1995 and order that the Notice of Appeal lodged in the superior court on the said date be deemed to have been lodged within the extended time.
Dated and delivered at Nairobi this 15th January, 1997.
J. E. GICHERU
…………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR