CIVIL JURISDICTION OF COURT OF APPEAL
32A. This Part relates to the Court of Appeal in the exercise of its civil jurisdiction.
—(1) If, in the course of any appeal, or, in the case of a reserved judgment in any such appeal, at any time before delivery of the judgment, any Judge of Appeal of the Court hearing the appeal is unable, through illness or any other cause, to attend the proceedings or otherwise exercise his functions as a Judge of Appeal of such Court, the hearing of the appeal shall, if the parties consent, continue as before, and judgment or reserved judgment, as the case may be, shall be given by the remaining Judges of Appeal of such Court, not being less than 2, and that Court shall, for the purposes of that appeal, be deemed to be duly constituted notwithstanding the absence or inability to act of such Judge of Appeal.
(2) In any such case as is referred to in subsection (1), the appeal shall be decided in accordance with the opinion of the majority of the remaining Judges of Appeal of such Court, and, if there is no such majority, the decision appealed against shall stand.
(3) If the parties do not consent as mentioned in subsection (1), the appeal shall be reheard.
—(1) No appeal shall be brought to the Court of Appeal in any of the following cases:
where a Judge makes an order giving unconditional leave to defend an action or an order setting aside unconditionally a default judgment;
except if the appellant is the defendant, where a Judge makes an order giving leave to defend on condition that the defendant pays into court or gives security for the sum claimed or an order setting aside a default judgment on condition as aforesaid;
subject to any other provision in this section, where a Judge makes an interlocutory order in chambers unless the Judge has certified, on application within 7 days after the making of the order by any party for further argument in court, that he requires no further argument;
where the judgment or order is made by consent of the parties; or
where, by any written law for the time being in force, the judgment or order of the High Court is expressly declared to be final.
(2) Except with the leave of the Court of Appeal or a Judge, no appeal shall be brought to the Court of Appeal in any of the following cases:
where the amount or value of the subject-matter at the trial is $250,000 or such other amount as may be specified by an order made under subsection (3) or less;
where the only issue in the appeal relates to costs or fees for hearing dates;
where a Judge in chambers makes a decision in a summary way on an interpleader summons where the facts are not in dispute; or
an order refusing to strike out an action or a pleading or a part of a pleading.
(3) The President may, after consulting the Chief Justice, by order published in the Gazette vary the amount mentioned in subsection (2)(a).
35. Wherever application may be made either to the High Court or to the Court of Appeal, it shall be made in the first instance to the High Court.
—(1) In any proceeding pending before the Court of Appeal, any direction incidental thereto not involving the decision of the appeal, any interim order to prevent prejudice to the claims of parties pending the appeal, and any order for security for costs and for the dismissal of an appeal for default in furnishing security so ordered, may at any time be made by a Judge.
(2) Every application under subsection (1) shall be deemed to be a proceeding in the Court of Appeal.
(3) Every order so made may be discharged or varied by the Court of Appeal.
—(1) Appeals to the Court of Appeal shall be by way of rehearing.
(2) In relation to such appeals, the Court of Appeal shall have all the powers and duties, as to amendment or otherwise, of the High Court, together with full discretionary power to receive further evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or a commissioner.
(3) Such further evidence may be given without leave on interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought.
(4) Upon appeals from a judgment, after trial or hearing of any cause or matter upon the merits, such further evidence, except as to matters subsequent as specified in subsection (3), shall be admitted on special grounds only, and not without leave of the Court of Appeal.
(5) The Court of Appeal may draw inferences of facts, and give any judgment, and make any order which ought to have been given or made, and make such further or other orders as the case requires.
(6) The powers in this section may be exercised notwithstanding that the notice of appeal relates only to part of the decision, and such powers may also be exercised in favour of all or any of the respondents or parties, although the respondents or parties have not appealed from or complained of the decision.
38. The Court of Appeal may make such order as to the whole or any part of the costs of appeal or in the court below as is just.
—(1) Except as is provided in this Act, the Court of Appeal shall have power to order that a new trial be had of any cause or matter tried by the High Court in the exercise of its original or appellate jurisdiction.
(2) A new trial shall not be granted on the ground of improper admission or rejection of evidence unless in the opinion of the Court of Appeal some substantial wrong or miscarriage of justice has been thereby occasioned.
(3) If it appears to the Court of Appeal that such wrong or miscarriage of justice affects only part of the matters in controversy, or some or only one of the parties, the Court of Appeal may give final judgment as to part thereof, or as to some or only one of the parties, and direct a new trial as to the other part only, or as to the other party or parties.
(4) A new trial may be ordered on any question without interfering with the finding or decision of the High Court upon any other question.
40. No judgment or order of the High Court, or of any Judge, shall be reversed or substantially varied on appeal, nor a new trial ordered by the Court of Appeal, on account of any error, defect or irregularity, whether in the decision or otherwise, not affecting the merits, or the jurisdiction of the Court.