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Namibia Case Law

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Criminal law [2022] NASC 10

Likoro v S (SA 19 of 2018)

Likoro v S (SA 19 of 2018) [2022] NASC 10 (12 April 2022)

The Supreme Court reviewed and set aside a High Court order granting leave to appeal, finding it a grave irregularity that offended functus officio and res judicata.

  • Condonation
  • Functus officio
  • Res judicata
  • Jurisdiction
  • Irregularity in proceedings
  • Functus-officio
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Criminal law [2022] NASC 9

S v Dentlinger (SCR 1 of 2022)

S v Dentlinger (SCR 1 of 2022) [2022] NASC 9 (25 March 2022)

The Supreme Court corrected a High Court sentencing order after finding it had no power to antedate a substituted sentence where no part of the original sentence had been served.

  • Sentencing
  • Review jurisdiction
  • Antedating of sentences
  • Functus officio
  • Criminal-sentencing
  • Appellate-review
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Criminal law [2021] NASC 38

Kalimbo v State (SCR 3 of 2021)

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

The Supreme Court set aside two High Court rulings after finding procedural irregularities in an appeal and leave-to-appeal process, and remitted the matter.

  • Murder
  • Domestic violence
  • Concealment of birth
  • Notice of appeal
  • Procedural irregularity
  • Condonation
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Criminal law [2020] NAHCMD 241

Peter v S

Peter v S [2020] NAHCMD 241 (1 June 2020)

The High Court lacks jurisdiction to entertain a second application for leave to appeal and condonation after refusal of the first application; the applicant's remedy lies in petitioning the Supreme Court under Section 316(6) of the Criminal Procedure Act 51 of 1977.

  • Leave to appeal
  • Condonation
  • Stock theft
  • Unconstitutional sentencing
  • Jurisdiction
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Criminal law [2011] NAHC 34

S v Ganas (CA 55 of 2010)

S v Ganas (CA 55 of 2010) [2011] NAHC 34 (11 February 2011)

The appeal is dismissed because there are no valid grounds of appeal, and thus no valid appeal before the court.

  • Notice of appeal
  • Grounds of appeal
  • Dismissal for want of grounds
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Criminal law [2003] NASC 15

S v Strowitzki (3 of 1997)

S v Strowitzki (3 of 1997) [2003] NASC 15 (16 September 2003)

The Supreme Court held it lacked jurisdiction to hear a further application for leave to appeal after statutory petition procedures were exhausted and refused.

  • Jurisdiction of supreme court
  • Finality of appellate decisions
  • Inherent jurisdiction
  • Review powers
  • Procedural law
  • Criminal-appeals
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.