S v Thom (CA 49 of 2010) [2011] NAHC 323 (28 October 2011)

S v Thom (CA 49 of 2010) [2011] NAHC 323 (28 October 2011)

There was no proper notice of appeal before the court as required by rule 67(1) of the Magistrate’s Court Rules; the appeal was therefore not properly before the court and was struck off the roll.

Citation
[2011] NAHC 323
Parties
Appellant: Uahorinua Thom; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 October 2011
Case Number
CA 49 of 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal struck off the roll
Legal Topics
Stock Theft, Appeal Procedure, Notice of Appeal Requirements
Source Language
English
Criminal Law Criminal Procedure Stock Theft Appeal Procedure Notice of Appeal Requirements

Case Brief

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Parties

Uahorinua Thom

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the notice of appeal complied with rule 67(1) of the Magistrate’s Court Rules
  2. 2 Whether the appeal was properly before the court

Ratio Decidendi

There was no proper notice of appeal before the court as required by rule 67(1) of the Magistrate’s Court Rules; the appeal was therefore not properly before the court and was struck off the roll.

Court Disposition

appeal struck off the roll

Orders

  • The matter is struck off the roll.