S v Feregano (CA 57 of 2010) [2011] NAHC 309 (14 October 2011)
The court is functus officio after refusing condonation for late filing of notice of appeal and cannot reconsider the same matter.
- Citation
- [2011] NAHC 309
- Parties
- Appellant: Daniel Feregano; Respondent: State
- Court
- High Court
- Jurisdiction
- Namibia
- Judgment Date
- 14 October 2011
- Case Number
- CA 57 of 2010
- Procedural Posture
- Criminal Appeal / Application for Re Instatement of Appeal After Condonation Refusal
- Outcome
- Appeal struck from the roll
- Legal Topics
- Appeal, Condonation, Functus Officio
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Parties
Daniel Feregano
Appellant
State
Respondent
Procedural Posture
Criminal Appeal / Application for Re Instatement of Appeal After Condonation Refusal
Legal Issues
- 1 Whether the High Court can re-instate an appeal after refusing condonation for late filing of notice of appeal
- 2 Whether the court is functus officio after its previous decision
Ratio Decidendi
The court is functus officio after refusing condonation for late filing of notice of appeal and cannot reconsider the same matter.
Court Disposition
Appeal struck from the roll
Orders
- Matter struck from the roll
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment