Londeni and Another v S (CA 12 of 2013) [2013] NAHCMD 210 (12 July 2013)

Londeni and Another v S (CA 12 of 2013) [2013] NAHCMD 210 (12 July 2013)

The first appellant did not apply for condonation or provide an explanation for the late filing of his notice of appeal, and the second appellant did not file a notice of appeal and thus has no locus standi. The appeal is not properly before the court and is struck from the roll.

Citation
[2013] NAHCMD 210
Parties
1st Appellant: Patrick Londeni; 2nd Appellant: Elifas Haukongo; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 July 2013
Case Number
CA 12 of 2013
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal struck from the roll
Legal Topics
Notice of Appeal, Condonation, Locus Standi, Appeal Procedure
Source Language
English
Criminal Law Criminal Procedure Notice of Appeal Condonation Locus Standi Appeal Procedure

Case Brief

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Parties

Patrick Londeni

1st Appellant

Elifas Haukongo

2nd Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the first appellant's late notice of appeal can be condoned without an application for condonation and explanation for lateness
  2. 2 Whether the second appellant is properly before the court without filing a notice of appeal

Ratio Decidendi

The first appellant did not apply for condonation or provide an explanation for the late filing of his notice of appeal, and the second appellant did not file a notice of appeal and thus has no locus standi. The appeal is not properly before the court and is struck from the roll.

Court Disposition

Appeal struck from the roll

Orders

  • The appeal is struck from the roll.