Kalimbo v State (SCR 3 of 2021) [2021] NASC 38 (14 September 2021)

Kalimbo v State (SCR 3 of 2021) [2021] NASC 38 (14 September 2021)

The High Court committed procedural irregularities by failing to alert counsel to the issue of non-service of the notice of appeal and by reversing a condonation ruling after it was granted. These irregularities justify setting aside the High Court judgments and remitting the matter for hearing on the merits.

Citation
[2021] NASC 38
Parties
Petitioner: Hilaria Ndiitodino Kalimbo; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
14 September 2021
Case Number
SCR 3 of 2021
Procedural Posture
Criminal / Review Judgment on Procedural Irregularities After Appeal and Application for Leave to Appeal Were Struck Out
Outcome
High Court judgments set aside; matter remitted for hearing on merits
Legal Topics
Murder, Domestic Violence, Concealment of Birth, Notice of Appeal, Procedural Irregularity, Condonation, Functus Officio, Review Powers of Supreme Court
Source Language
English
Criminal Law Appellate Procedure Murder Domestic Violence Concealment of Birth Notice of Appeal Procedural Irregularity Condonation +2 more

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Parties

Hilaria Ndiitodino Kalimbo

Petitioner

The State

Respondent

Procedural Posture

Criminal / Review Judgment on Procedural Irregularities After Appeal and Application for Leave to Appeal Were Struck Out

Legal Issues

  1. 1 Whether procedural irregularities occurred in the High Court's handling of the appeal and application for leave to appeal
  2. 2 Whether the Supreme Court should set aside the High Court judgments and remit the matter for hearing on the merits

Ratio Decidendi

The High Court committed procedural irregularities by failing to alert counsel to the issue of non-service of the notice of appeal and by reversing a condonation ruling after it was granted. These irregularities justify setting aside the High Court judgments and remitting the matter for hearing on the merits.

Court Disposition

High Court judgments set aside; matter remitted for hearing on merits

Orders

  • The ‘Appeal judgment’ in the High Court of 12 March 2020 in Kalimbo v The State is reviewed and set aside.
  • The ‘Leave to Appeal Judgment’ in the High Court of 9 October 2020 in Kalimbo v The State is reviewed and set aside.