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