A party who is aggrieved by the decision of the High Court, has a right of appeal and has resolved to appeal that decision to this Court, is required to observe the following rules of the Supreme Court. Rule 5(5)(b) requires that four copies of the record of appeal shall, subject to any special directions issued by the Chief Justice, be lodged with the Registrar of this Court within three months after the date of delivery of the impugned judgment. Rule 8 requires the intending appellant, within the same period of three months after delivery of the judgment, to furnish the registrar with a bond for the security of costs for the intended respondent to the appeal. Finally, so far as this case is concerned, the potential appellant is required to ensure that the record of the proceedings in the court appealed from are properly compiled in conformity with sub-rules (9) to (14) of rule 5. In its trial célèbre, namely Channel Life Namibia (Pty) Ltd v Otto 2008 (2) NR 432 (SC), this Court held that if the foregoing procedures (particularly those relating to the lodging of the record of appeal and furnishing of security for costs), are not timeously complied with by the intending appellant, the appeal shall be deemed to have been withdrawn and will, pursuant to rule 5(6)(b), lapse. After such lapse, the only way to resuscitate the appeal is by the intending appellant successfully applying to the Court for condonation and reinstatement in terms of rule 18. The application must be supported by affidavit. In the event that an attempt is made, before the application for condonation and reinstatement is granted, to include the intended appeal on the appeal roll, such appeal, it was held, will be struck off the roll for invalidity. (See also Ondjava Construction CC v HAW
A party who is aggrieved by the decision of the High Court, has a right of appeal and has resolved to appeal that decision to this Court, is required to observe the following rules of the Supreme Court. Rule 5(5)(b) requires that four copies of the record of appeal shall, subject to any special directions issued by the Chief Justice, be lodged with the Registrar of this Court within three months after the date of delivery of the impugned judgment. Rule 8 requires the intending appellant, within the same period of three months after delivery of the judgment, to furnish the registrar with a bond for the security of costs for the intended respondent to the appeal. Finally, so far as this case is concerned, the potential appellant is required to ensure that the record of the proceedings in the court appealed from are properly compiled in conformity with sub-rules (9) to (14) of rule 5. In its célèbre, namely Channel Life Namibia (Pty) Ltd v Otto 2008 (2) NR 432 (SC), this Court held that if the foregoing procedures (particularly those relating to the lodging of the record of appeal and furnishing of security for costs), are not timeously complied with by the intending appellant, the appeal shall be deemed to have been withdrawn and will, pursuant to rule 5(6)(b), lapse. After such lapse, the only way to resuscitate the appeal is by the intending appellant successfully applying to the Court for condonation and reinstatement in terms of rule 18. The application must be supported by affidavit. In the event that an attempt is made, before the application for condonation and reinstatement is granted, to include the intended appeal on the appeal roll, such appeal, it was held, will be struck off the roll for invalidity. (See also Ondjava Construction CC v HAW trial