Court name
High Court Main Division
Case name
Kahua v S
Media neutral citation
[2013] NAHCMD 223
Judge
Ueitele J
Unengu AJ












REPUBLIC
OF NAMIBIA



HIGH COURT OF NAMIBIA
MAIN DIVISION, WINDHOEK







APPEAL JUDGMENT







Case no: CA
18/2013





In
the matter between:









VINCENT KAHUA
............................................................................................APPELLANT







and







THE STATE
..................................................................................................RESPONDENT







Neutral citation:
Kahua v The State (CA 18/2013) [2013] NAHCMD 223 (12 July
2013)







Coram: UEITELE, J et
Unengu, AJ


Heard:
12 July 2013


Delivered:
12 July 2013















Flynote: Removal
of appeal from the roll for non-appearance– Default position is
that appeal will be struck from the roll if appellant does not appear
on the date set down for the hearing of the appeal.







Summary: The
appellant was charged and convicted of displaying on his motor
vehicle, a number-plate which was not for that vehicle. On the date
the appeal was set down for hearing the appellant or his instructed
legal representative did not appear.







Held that in this
case there were no grounds advanced by either the appellant or his
legal practitioner of record Mr G Kasper of Murorua & Associates
for his non appearance.







Held that the
appeal is struck from the roll on account of the non-appearance of an
appellant.



______________________________________________________________________



ORDER



______________________________________________________________________







The appeal is struck from
the roll on account of the non-appearance of an appellant.







______________________________________________________________________



JUDGMENT






UEITELE,
J



[1] In this matter the
appellant was, 07 February 2013, convicted in the District
Magistrates’ Court for the District of Omaruru (sitting at
Omaruru) on a charge of displaying a licence number not applicable to
a motor vehicle (in contravention of Regulation 48(5)(a) read with
sections 1, 86, 89 and 91of the Road Transportation Act,1999 ( act
No. 22 of 1999). The appellant was sentenced to pay a fine of N$ 4000
and in default of payment of the fine to imprisonment for a period of
one year. Half of the sentence that is, the amount of N$ 2000 or the
six months imprisonment is suspended for a period of five years on
condition of good behavior.







[2] On 18 March 2013 the
appellant through his legal practitioners noted an appeal against his
conviction. The registrar set down the hearing of the appeal for
Friday 12 July 2013. The Notice of Set Down of the hearing of the
appeal was served on the appellant’s legal representative on 11
April 2013. In the Notice of Set Down the appellant’s attention
was drawn to Rule 55(5) of the High Court Rules. (This rule requires
an appellant to deliver a concise statement of his main arguments at
least five days before the appeal, to the Registrar of the High
Court.








[3] On the date on which
the appeal was set down for hearing (i.e. on 12 July 2013) the
appellant or his legal representative failed to appear in court to
prosecute his appeal. In addition to the failure to appear the
appellant also failed to comply with the directive issued in terms of
Rule 55(5).








[4] In the result the
appeal is struck from the roll.



---------------------------------



SFI Ueitele



Judge


















---------------------------------



EP Unengu



Acting



APPEARANCES







APPELLANT: NO APPEARANCE











RESPONDENT: Mr Nduna


Of
Government Attorney