[2002] KECA 268 (KLR)
The court exercised its discretion to grant the extension of time for filing the notice of appeal, primarily because the respondent did not object to the application and the applicant had an undoubted right of appeal. The court considered that denying the extension would unjustly bar the applicant from exercising...
Source-derived case information.
- Citation
- [2002] KECA 268 (KLR)
- Parties
- Applicant: Ziro Wanje Ziro; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 154 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ziro Wanje Ziro
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.
- 2 Whether the absence of objection by the respondent affects the exercise of discretion to extend time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for filing the notice of appeal, primarily because the respondent did not object to the application and the applicant had an undoubted right of appeal. The court considered that denying the extension would unjustly bar the applicant from exercising the right of appeal due to procedural delay. Accordingly, the notice of appeal lodged out of time was deemed to have been filed within time as now extended, and the appeal was ordered to be listed for hearing as soon as practicable. The applicant was also exempted from paying any court fees.
Court Disposition
Application for extension of time allowed.
Orders
- The notice of appeal lodged on 27th June, 2001, is deemed to be lodged in time as now extended.
- Criminal Appeal No. 316 of 1999 to be listed for hearing as soon as practicable.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT MOMBASA CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPEAL (APPLICATION) NO. 154 OF 2001 BETWEEN ZIRO WANJE ZIRO ......................................APPLICANT AND REPUBLIC ............................................RESPONDENT (Application for extension of time to file an appeal out time from the judgment of the High Court of Kenya at Mombasa (Hayanga, J) dated 29th June, 2000 in H.C.CR.A. NO. 316 OF 1999) R U L I N G
Although the notice of appeal was lodged almost a year out of time, as the respondent is not objecting to the application for extension of time and as the applicant has an undoubted right of appeal, I allow this application and order that the notice of appeal lodged on 27th June, 2001, in the superior court, be deemed to be lodged in time as now extended. The appeal itself, i.e. Criminal Appeal No. 316 of 1999 be listed for hearing as soon as practicable. The applicant is exempted from paying any court fees. Dated and delivered at Mombasa this 17th day of January, 2002. A.B. SHAH .................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR