S v Ganeb (1) (CA 85 of 1998) [1999] NAHC 19 (29 November 1999)

The appeal was not properly before the court as the appellant did not obtain the required judges' certificate and there were no prospects of success on appeal.

Citation: [1999] NAHC 19
Parties: Appellant: Simon Ganeb; Respondent: The State
Court: High Court
Jurisdiction: Namibia
Judgment Date: 29 November 1999
Case Number: CA 85 of 1998
Procedural Posture: Criminal Appeal / Application for Leave to Appeal/appeal Struck From Roll
Outcome: appeal struck from the roll
Legal Topics: Appeals, Leave to Appeal, Condonation, Certificate to Prosecute Appeal
Source Language: English

Criminal Law Criminal Procedure Appeals Leave to Appeal Condonation Certificate to Prosecute Appeal

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

Simon Ganeb

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal/appeal Struck From Roll

Legal Issues

1 Whether the appellant could prosecute an appeal without a judges' certificate under sections 305 and 309(4)(a) of the Criminal Procedure Act
2 Whether the appeal was properly before the court

Ratio Decidendi

The appeal was not properly before the court as the appellant did not obtain the required judges' certificate and there were no prospects of success on appeal.

Court Disposition

appeal struck from the roll