[2000] KECA 402 (KLR)
The court exercised its discretion to grant the application because the applicant acted promptly in seeking to regularize the appeal. There was no reason advanced to deny the application, and no prejudice was demonstrated as a result of granting the extension. The notice and memorandum of appeal lodged on 27th...
Source-derived case information.
- Citation
- [2000] KECA 402 (KLR)
- Parties
- Appellant: Said Abeid Said; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 101 of 1999
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Notice and Memorandum of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Appeal Out of Time, Extension of Time, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Said Abeid Said
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Notice and Memorandum of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file the notice and memorandum of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the application because the applicant acted promptly in seeking to regularize the appeal. There was no reason advanced to deny the application, and no prejudice was demonstrated as a result of granting the extension. The notice and memorandum of appeal lodged on 27th September, 1999 are therefore deemed to have been filed within time, and liberty is granted to amend the grounds of appeal if desired.
Court Disposition
Application allowed.
Orders
- The notice of appeal lodged on 27th September, 1999 is deemed to be lodged within time.
- The memorandum of appeal lodged on 27th September, 1999 is deemed to be lodged within time.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE COURT OF APPEAL AT MOMBASA (CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPEAL (APPLICATION) NO. 101 OF 1999 BETWEEN SAID ABEID SAID...............................APPELLANT AND REPUBLIC.................................RESPONDENT (Appeal from the Judgment of the High Court of Kenya at
Mombasa (Justices Hayanga & Waki) dated 23rd July, 1999 in H.C.CR.A. NO. 300 OF 1997) ********** R U L I N G
I see no reason to deny this application. The applicant moved as soon as he could. I order that the notice of appeal lodged on 27th September, 1999 be and is hereby deemed to be lodged within time. The memorandum of appeal lodged on 27th September, 1999 is also deemed to be lodged in time. There will be liberty to amend the grounds of appeal if the appellant or his counsel so desire.
Dated and delivered at Mombasa this 18th day of January, 2000.
A. B. SHAH JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.