S v Delie (1) (4 of 2000) [2001] NAHC 9 (19 March 2001)

S v Delie (1) (4 of 2000) [2001] NAHC 9 (19 March 2001)

The Full Bench of the High Court has no jurisdiction to hear an appeal from a High Court review decision given on appeal from the Magistrate's Court; such appeals lie only to the Supreme Court as per section 18(1) of the High Court Act.

Citation
[2001] NAHC 9
Parties
Appellant: The State; Respondent: David Ambrose Delie
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 March 2001
Case Number
4 of 2000
Procedural Posture
Criminal Appeal / Appeal Against High Court Review Decision
Outcome
appeal struck off the roll
Legal Topics
Maintenance, Appeals, Jurisdiction
Source Language
English
Criminal Law Procedure Maintenance Appeals Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Appellant

David Ambrose Delie

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Review Decision

Legal Issues

  1. 1 Does the Full Bench of the High Court have jurisdiction to hear an appeal from a High Court review decision?
  2. 2 Should the appeal lie to the Supreme Court instead?

Ratio Decidendi

The Full Bench of the High Court has no jurisdiction to hear an appeal from a High Court review decision given on appeal from the Magistrate's Court; such appeals lie only to the Supreme Court as per section 18(1) of the High Court Act.

Court Disposition

appeal struck off the roll

Orders

  • The appeal is struck off the roll.