[2002] KECA 248 (KLR)
The court held that the affidavit filed in support of the application did not contain sufficient material upon which the court could exercise its discretion to grant an extension of time to lodge a notice of appeal. As a result, the court adjourned the application and granted the applicant leave to file a...
Source-derived case information.
- Citation
- [2002] KECA 248 (KLR)
- Parties
- Applicant: Ronald Baraza Juma; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 24 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- Application adjourned; applicant granted leave to file supplementary affidavit.
- 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
Ronald Baraza Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether the affidavit filed by the applicant contains sufficient material to enable the court to exercise its discretion to extend time for lodging a notice of appeal.
Ratio Decidendi
The court held that the affidavit filed in support of the application did not contain sufficient material upon which the court could exercise its discretion to grant an extension of time to lodge a notice of appeal. As a result, the court adjourned the application and granted the applicant leave to file a supplementary affidavit stating the basic facts necessary for adjudication. The matter was set to be heard in the next session.
Court Disposition
Application adjourned; applicant granted leave to file supplementary affidavit.
Orders
- The application is adjourned.
- The applicant is granted leave to file a supplementary affidavit stating the basic facts.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE COURT OF APPEAL AT NAKURU (CORAM: OWUOR, J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 24 OF 2002 BETWEEN RONALD BARAZA JUMA ...................................APPLICANT AND REPUBLIC ............................................RESPONDENT (Application for extension of time to lodge Notice of appeal out of time in an intended appeal from the Judgment of the High Court of Kenya at Nakuru (Ondeyo J.) dated 19th April, 2002 in H.C. CR. APPEAL NO. 216 OF 2000) ****************** O R D E R This being a Court of record, the affidavit filed in this application does not contain sufficient material upon which I can exercise my discretion. In that regard, I will adjourn the application and grant the applicant leave to file a supplementary affidavit stating the basic facts to enable this Court to adjudicate on the application. Application to be heard in the next session. Dated and delivered at Nakuru this 18th day of September, 2002. E. OWUOR ...............
JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR