S v Itembu (CA 90 of 2009) [2010] NAHC 160 (24 September 2010)
The appellant failed to provide a satisfactory explanation for the late filing of the notice of appeal and did not file a supporting affidavit as required. Consequently, the application for condonation was refused and the appeal was struck from the roll.
- Citation
- [2010] NAHC 160
- Parties
- Appellant: Andreas Itembu; Respondent: The State
- Court
- High Court
- Jurisdiction
- Namibia
- Judgment Date
- 24 September 2010
- Case Number
- CA 90 of 2009
- Procedural Posture
- Criminal Appeal / Application for Condonation and Appeal Hearing
- Outcome
- application for condonation refused; appeal struck from the roll
- Legal Topics
- Condonation, Late Filing of Notice of Appeal, Appeal Procedure, Robbery With Aggravating Circumstances
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Andreas Itembu
Appellant
The State
Respondent
Procedural Posture
Criminal Appeal / Application for Condonation and Appeal Hearing
Legal Issues
- 1 Whether the appellant provided a satisfactory explanation for the late filing of the notice of appeal
- 2 Whether the application for condonation should be granted
Ratio Decidendi
The appellant failed to provide a satisfactory explanation for the late filing of the notice of appeal and did not file a supporting affidavit as required. Consequently, the application for condonation was refused and the appeal was struck from the roll.
Court Disposition
application for condonation refused; appeal struck from the roll
Orders
- Application for condonation is refused
- Appeal is struck from the roll
Full Case Text
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