Moritz v S (CA 53 of 2009) [2011] NAHC 33 (11 February 2011)

CASE NO.: CA 53/2009 “Not Reportable” IN THE HIGH COURT OF NAMIBIA In the matter between: ANDY BEN MORITZ Appellant vs THE STATE Respondent CORAM: PARKER, J et UNENGU, AJ Heard on: 2010 February 11 Delivered on: 2010 February 11 _________________________________________________________________________ APPEAL JUDGMENT _________________________________________________________________________ PARKER, J [1] In this case a Notice of Appeal was filed within the time limit, by – significantly – the appellant’s legal representative, but there are no grounds of appeal attendant on the Notice. - 2 - [2] That being the case upon the authority of Mbarandongo v The State Case No. CA 127/2009 (Unreported), which we accept as good law, we find that there is no valid Notice of Appeal before the Court, as counsel for the State argued. [3] The so-called notice is therefore a nullity. In the result the appeal is dismissed. ______________________ PARKER, J I agree _______________________ UNENGU, AJ COUNSEL ON BEHALF OF THE APPELLANT: In Person COUNSEL ON BEHALF OF THE RESPONDENT: Mrs Esterhuizen Instructed by: The Office of the Prosecutor-General