Garoeb v S (HC-MD-CRI-APP-CAL 37 of 2021) [2022] NAHCMD 51 (11 February 2022)

Garoeb v S (HC-MD-CRI-APP-CAL 37 of 2021) [2022] NAHCMD 51 (11 February 2022)

The appeal was not properly before the court because the notice of appeal was filed late and no condonation application was made; further, the notice did not comply with the requirement for clear and specific grounds.

Citation
[2022] NAHCMD 51
Parties
Appellant: Steven Garoeb; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 February 2022
Case Number
HC-MD-CRI-APP-CAL 37 of 2021
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
appeal struck from the roll
Legal Topics
Late Filing of Appeal, Condonation, Notice of Appeal Requirements
Source Language
English
Criminal Law Criminal Procedure Late Filing of Appeal Condonation Notice of Appeal Requirements

Case Brief

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Parties

Steven Garoeb

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appeal was properly before the court given the late filing of the notice of appeal
  2. 2 Whether condonation for late filing was required and applied for
  3. 3 Whether the notice of appeal complied with the requirement for clear and specific grounds

Ratio Decidendi

The appeal was not properly before the court because the notice of appeal was filed late and no condonation application was made; further, the notice did not comply with the requirement for clear and specific grounds.

Court Disposition

appeal struck from the roll

Orders

  • The appeal is struck from the roll.