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Mosarwa v The State (Criminal Appeal No. 34 of 1993 ) [1994] BWCA 1 (14 January 1994)
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IN THE COURT OF APPEAL OF BOTSWANA
Criminal Appeal No. 34 of 1993
High Court Crim. App. No. 129 of 1988
In the matter of:
GAESI GILLET MOSARWA
Applicant/Appellant
vs
THE STATE
Respondent
Applicant in person
Mr. S. Tiroyakgosi for the Respondent
RULING
AGUDA, J.A.:
This is an application for leave to appeal to this Court. The applicant was on April 14, 1988 convicted for the theft of some cattle. He thereafter filed an appeal to the High Court. That appeal was summarily dismissed on August 7, 1990. The applicant did nothing about that judgment until he filed an application for leave to appeal to this Court on November 18, 1993.
Before me he has sought an application for postponement so that, as he put it, he can brief Counsel. It is the principle of law that there must be an end to litigation. As no useful purpose would be served were I to grant an application for postponement, I refused that application. I then afforded the applicant an opportunity to
argue his application for leave to appeal to this Court. He told me that he is unable to proffer arguments on the merits of the application.
I have personally read through the proceedings in the Magistrate's Court and I have found no shred of evidence upon which the applicant could have based any useful argument to ex disturtle him from the conviction the
record againt him by Magistrate's Court. I do not find any merit whatsoever in the application which is thereby dismissed.
GIVEN at Lobatse this 14th day of January, 1994.
T.A.. AGUDA Judge of Appeal
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