IN THE SUPREME COURT OF SWAZILAND
JUDGMENT
Civil Appeal Case No: 56/2012
In the appeal between:
MOSES LANGWENYA Appellant
and
ANDREAS PHILILE SIHLONGONYANE 1ST Respondent
JUSTICE M.C.B. MAPHALALA NO 2ND Respondent
ATTORNEY GENERAL 3RD Respondent
Coram: A.M. EBRAHIM JA
DR. S. TWUM JA
E.A. OTA JA
Heard: 14TH NOVEMBER 2012
Delivered: 14TH NOVEMBER 2012
Summary: Ex tempore reasons for striking the matter off the roll with costs.
EBRAHIM JA:
[1] Judgment handed down in this matter by judge a quo on 14 day of July 2011.
[2] No Notice of Appeal lodged although on 29th October 2012 Application for condonation for an appeal to be heard lodged 14 months later.
[3] On 6 August 2012 filed Application for Review.
[4] Not clear what he is seeking i.e. Appeal or Review.
[5] On either basis he must fail.
- This Court has no power to review a decision of the High Court see section 148 of Constitution;
- The appeal in any event is now out of time.
See Rule 8, The Court of Appeal Rules 1971
Notice of Appeal has to be filed within four weeks of the date of judgment.
See also Rule 9
Which requires an Application for leave to appeal to be filed within six weeks of the date of judgment.
[6] The record is incomplete.
1. No transcription of oral evidence led;
2. Record not certified by Registrar as required by Rule 30;
3. Evidence of inspection in loco not contained in record.
[7] Appeal, Review, Application replete with short comings.
[8] Appeal struck off with costs.
__________________________
A.M. EBRAHIM
JUSTICE OF APPEAL
FOR APPELLANT : In person
FOR RESPONDENT : O. Nzima
3