S v Kamaze (1) (85 of 2008) [2011] NAHC 32 (11 February 2011)

S v Kamaze (1) (85 of 2008) [2011] NAHC 32 (11 February 2011)

There was no formal application for condonation before the court, and the law requires strict compliance with this requirement; therefore, the appeal is not properly before the court and is dismissed.

Citation
[2011] NAHC 32
Parties
Appellant: Ben Kamaze; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
11 February 2011
Case Number
85 of 2008
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Late Filing of Notice of Appeal, Condonation, Appeal Procedure
Source Language
English
Criminal Procedure Late Filing of Notice of Appeal Condonation Appeal Procedure

Case Brief

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Parties

Ben Kamaze

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the court should condone the late filing of the notice of appeal without a formal application

Ratio Decidendi

There was no formal application for condonation before the court, and the law requires strict compliance with this requirement; therefore, the appeal is not properly before the court and is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.