S v Peter and Others (CC 20 of 2008) [2011] NAHC 15 (24 January 2011)

S v Peter and Others (CC 20 of 2008) [2011] NAHC 15 (24 January 2011)

The application for condonation was rejected because the explanations for delay were not acceptable; being a layman and lack of family financial support are not valid reasons. The applicant's rights to appeal were explained to him, and he was legally represented at trial.

Citation
[2011] NAHC 15
Parties
Appellant: Willem Peter; Appellant: Gert Nuxabeb; Appellant: Jafet Nuxabeb; Appellant: John Khamuxabeb; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
24 January 2011
Case Number
CC 20 of 2008
Procedural Posture
Criminal / Application for Leave to Appeal and Condonation
Outcome
application for condonation dismissed
Legal Topics
Condonation, Leave to Appeal, Late Filing, Prospects of Success
Source Language
English
Criminal Procedure Condonation Leave to Appeal Late Filing Prospects of Success

Case Brief

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Parties

Willem Peter

Appellant

Gert Nuxabeb

Appellant

Jafet Nuxabeb

Appellant

John Khamuxabeb

Appellant

The State

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal and Condonation

Legal Issues

  1. 1 Whether the application for condonation for late filing of notice of appeal should be granted
  2. 2 Whether there are prospects of success on appeal

Ratio Decidendi

The application for condonation was rejected because the explanations for delay were not acceptable; being a layman and lack of family financial support are not valid reasons. The applicant's rights to appeal were explained to him, and he was legally represented at trial.

Court Disposition

application for condonation dismissed

Orders

  • The late notice of appeal of Willem Peter is not condoned.