Chingapane v Barclays Bank of Botswana (Civil Appeal No. 30 of 202) [2004] BWCA 2 (20 January 2004)

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Chingapane v Barclays Bank of Botswana (Civil Appeal No. 30 of 202) [2004] BWCA 2 (20 January 2004)

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IN THE COURT OF APPEAL OF THE REPUBLIC OF BOTSWANA HELD AT LOBATSE
COURT OF APPEAL CIVIL APPEAL NO. 30 OF 2002 HIGH COURT CIVIL TRIAL NO. 169/95
In the matter between
COBRA KOPANO CHINGAPANE APPELLANT
vs.
BARCLAYS BANK OF BOTSWANA RESPONDENT
Appellant in Person
Advocate A. Redding S.C. (with him Mr. B.B. Tafa) for the
Respondent
JUDGMENT
CORAM: P.H. TEBBUTT, J.P. K.R.A. KORSAH, J.A. LORD R.I. SUTHERLAND, J.A.
TEBBUTT J.P.

In this matter, which is an appeal from the High Court, the Appellant this morning appeared for himself and has asked that this matter be postponed to the next session of the Court. Mr. Redding together with Mr. Tafa appears for the Respondent in this matter. He is agreeable to the Court granting the Appellant a postponement to the next session, but submits that this should be on condition that the Appellant pays the

wasted costs of today and that payment of such costs should be a condition precedent to the matter being enrolled for the next session.

It seems to me that this is the correct course to be followed in this instance and accordingly this Court orders that the matter be postponed to the next session of the Court of Appeal, which is in July this year, and that the wasted costs of today are to be paid by the Appellant as a condition precedent to enrolling the matter in the next session, in July.

DELIVERED IN OPEN COURT EX TEMPORE AT LOBATSE THIS 20^THDAY OF JANUARY, 2004.
P.H. TEBBUTT JUDGE PRESIDENT

I agree,
K.R.A. KORSAH JUDGE OF APPEAL

I agree,
LORD R.I. SUTHERLAND JUDGE OF APPEAL

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