Paulus v S (CC 3 of 2019) [2022] NAHCNLD 104 (30 September 2022)
The application for leave to appeal is defective as it fails to set out clear and specific grounds as required by law, was filed out of time, and was not properly amended or replaced by counsel. The court cannot adjudicate on a defective application, and points in limine are upheld.
- Citation
- [2022] NAHCNLD 104
- Parties
- Applicant: Stephanus Paulus; Respondent: The State
- Court
- Northern Local Division
- Jurisdiction
- Namibia
- Judgment Date
- 30 September 2022
- Case Number
- CC 3 of 2019
- Procedural Posture
- Criminal / Application for Leave to Appeal
- Outcome
- Application struck from the roll
- Legal Topics
- Leave to Appeal, Conviction, Sentence, Points in Limine, Defective Application, Condonation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stephanus Paulus
Applicant
The State
Respondent
Procedural Posture
Criminal / Application for Leave to Appeal
Legal Issues
- 1 Whether the application for leave to appeal meets statutory requirements
- 2 Whether new grounds of appeal can be introduced during hearing
- 3 Whether the defective application can be adjudicated on merits
Ratio Decidendi
The application for leave to appeal is defective as it fails to set out clear and specific grounds as required by law, was filed out of time, and was not properly amended or replaced by counsel. The court cannot adjudicate on a defective application, and points in limine are upheld.
Court Disposition
Application struck from the roll
Orders
- Points in limine are upheld.
- The application for leave to appeal is struck from the roll.
Full Case Text
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