Court name
High Court
Case number
CA 53 of 2009
Case name
Moritz v S
Media neutral citation
[2011] NAHC 33





CASE NO











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