You are here:
SAFLII >>
Databases >>
Botswana: Court of Appeal >>
1997 >>
[1997] BWCA 25
[Database Search]
[Name Search]
[Recent Decisions]
[Noteup]
[Help]
Ntshenkang v The Attorney General (Civil Appeal No. 31 of 1996) [1997] BWCA 25 (14 July 1997)
.PDF of original document
.RTF of original document
IN THE COURT OF APPEAL OF BOTSWANA HELD AT LOBATSE
Civil Case No. 31/96 In the matter of:
SIMON NTSHENKANG
Appellant
and
THE ATTORNEY GENERAL RESPONDENT
No representation for the Appellant Mr M Chamme for the Respondent
RULING
CORAM: T.A. Aguda
P.H. Tebbutt Lord W.L.K. Cowie
AGUDA JA:
In this appeal the Appellant was granted leave to appeal in October 1996. He filed Notice to Appeal on October 10 1996. Notice of
Hearing during this session was sent out in May. Mr Chamme has informed us that he received this on May 20. Up to now the Apepllant
has not filed any Heads of Argument as provided for under Rule 26 of the Court of Appeal Rules. There has been conflicting information
as to whether the appellant is seeking a postponement or an abondonment of the appeal. When the case was called this morning in Court
the appellant was absent and there was no appearance for him. This Court takes very serious
2 exception to the conduct of the attorney representing the
Appellant in this appeal. He has not made his intention clear
as to what precisely he wanted and he has caused this Court to
go into the trouble of reading the record. Similarly he has
caused the attorney for the Respondent to come to court in vain.
Every attorney for an appellant is bound to comply with the rules
of court and especially to file the Heads of Argument within time
provided for under Rule 26. And this appellant has failed to do.
This appeal is therefore struck out with costs. It must not
be reinstated without leave of this court.
Delivered in open court at Lobatse on 14 July 1997.
T.A. AGUDA [JUDGE OF APPEAL]
I agree:
I agree:
P.H. TEBBUTT [JUDGE OF APPEAL]
LORD W.L.K. COWIE [JUDGE OF APPEAL]
SAFLII:
|
Terms of Use
|
Feedback
URL: http://www.saflii.org/bw/cases/BWCA/1997/25.html
