Civil Procedure

Kapia & Ors v The State (CC 09/2008) [2020] NAHCMD 74 (02 March 2020);

Flynote: 

Criminal Procedure – Leave to Appeal – Condonation Application – Applicant filing contradictory affidavits explaining reason for delay – Consequence is that explanation not reasonable and satisfactory – Prospects of success on grounds raised – Applicant failed to show any prospects – Condonation refused.

Mufufya v Iita (HC-NLD-CIV-ACT-DEL-2018/00099) [2020] NAHCNLD 28 (27 February 2020);

Flynote: 

Civil Procedure – Leave to Appeal – Recusal – Another Court may come to different conclusion – Prospects of success discussed.

Headnote and Holding: 

The respondent applied for the presiding judge’s recusal on the ground of apprehension of bias.  Defendant in the main action joined the plaintiff in the main action not given chance to address the court. This court finds that another court may come to a different conclusion that such omission could lead to an irregularity. Leave to appeal is accordingly granted: