S v Kambindu (20 of 2011) [2011] NAHC 339 (28 October 2011)

S v Kambindu (20 of 2011) [2011] NAHC 339 (28 October 2011)

The appellant failed to provide an acceptable explanation for the late filing of the notice of appeal, and the purported affidavit was not properly commissioned; therefore, the appeal is not properly before the court and must be struck from the roll.

Citation
[2011] NAHC 339
Parties
Appellant: Simon Noppie Kambindu; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 October 2011
Case Number
20 of 2011
Procedural Posture
Criminal Appeal / Ruling on Preliminary Application (condonation for Late Filing of Appeal)
Outcome
appeal struck from the roll
Legal Topics
Condonation, Late Filing of Appeal, Affidavit Requirements, Prospects of Success
Source Language
English
Criminal Law Criminal Procedure Condonation Late Filing of Appeal Affidavit Requirements Prospects of Success

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Parties

Simon Noppie Kambindu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Application (condonation for Late Filing 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 purported affidavit in support of condonation was valid
  3. 3 Whether the appeal could be entertained in the absence of proper condonation

Ratio Decidendi

The appellant failed to provide an acceptable explanation for the late filing of the notice of appeal, and the purported affidavit was not properly commissioned; therefore, the appeal is not properly before the court and must be struck from the roll.

Court Disposition

appeal struck from the roll

Orders

  • The appeal is struck from the roll.