S v Useb (2) (CA 48 of 2008) [2010] NAHC 42 (18 June 2010)

The appellant's explanation for the late filing was dishonest and unsupported by the record; therefore, condonation is refused and the appeal is removed from the roll.

Citation: [2010] NAHC 42
Parties: Appellant: Frans Useb; Respondent: The State
Court: High Court
Jurisdiction: Namibia
Judgment Date: 18 June 2010
Case Number: CA 48 of 2008
Procedural Posture: Criminal Appeal / Application for Condonation of Late Filing of Notice of Appeal
Outcome: condonation refused, appeal removed from the roll
Legal Topics: Stock Theft, Condonation, Late Filing of Appeal, Explanation for Delay
Source Language: English

Criminal Law Criminal Procedure Stock Theft Condonation Late Filing of Appeal Explanation for Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Frans Useb

Appellant

The State

Respondent

Procedural Posture

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

Legal Issues

1 Whether the appellant provided a sufficient explanation for the late filing of the notice of appeal
2 Whether condonation for late filing should be granted

Ratio Decidendi

The appellant's explanation for the late filing was dishonest and unsupported by the record; therefore, condonation is refused and the appeal is removed from the roll.

Court Disposition

condonation refused, appeal removed from the roll