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] 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