Namene v S (HC-MD-CRIMINALI-APP-CAL 59 of 2018) [2019] NAHCMD 69 (29 March 2019)

Namene v S (HC-MD-CRIMINALI-APP-CAL 59 of 2018) [2019] NAHCMD 69 (29 March 2019)

The appellant failed to provide an acceptable and reasonable explanation for the delay and did not adequately address prospects of success in his application for condonation. The application was not accompanied by an affidavit as required. Both requirements for condonation were not satisfied.

Citation
[2019] NAHCMD 69
Parties
Appellant: Cleophas Namene; Respondent: State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
29 March 2019
Case Number
HC-MD-CRIMINALI-APP-CAL 59 of 2018
Procedural Posture
Criminal Appeal / Application for Condonation of Late Filing of Notice of Appeal
Outcome
application for condonation refused; matter struck from the roll
Legal Topics
Condonation, Late Filing of Appeal, Prospects of Success, Affidavit Requirement
Source Language
English
Criminal Law Criminal Procedure Condonation Late Filing of Appeal Prospects of Success Affidavit Requirement

Case Brief

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Parties

Cleophas Namene

Appellant

State

Respondent

Procedural Posture

Criminal Appeal / Application for Condonation of Late Filing of Notice of Appeal

Legal Issues

  1. 1 Whether the appellant provided a reasonable and acceptable explanation for the late filing of the notice of appeal
  2. 2 Whether the appellant demonstrated reasonable prospects of success on appeal
  3. 3 Whether the application for condonation must be supported by an affidavit

Ratio Decidendi

The appellant failed to provide an acceptable and reasonable explanation for the delay and did not adequately address prospects of success in his application for condonation. The application was not accompanied by an affidavit as required. Both requirements for condonation were not satisfied.

Court Disposition

application for condonation refused; matter struck from the roll

Orders

  • The application for condonation is refused.
  • The matter is struck from the roll.