

On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/04/2006.

12.
—(1) On the hearing of any appeal, the High Court may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside any finding or judgment of the Court below.
(2) The High Court shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the High Court some substantial wrong has been thereby occasioned.
(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question.
(4) If it appears to the High Court that any such wrong as is mentioned in paragraph (2) affects part only of the matter in controversy, or one or some only of the parties, the High Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder.
(5) In any appeal on the ground that damages awarded are excessive or inadequate, the High Court may, in lieu of ordering a new trial —
(a)
substitute for the sum awarded such sum as appears to the High Court to be proper; or
(b)
reduce or increase the sum awarded by such amount as appears to the High Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded,
but except as aforesaid the High Court shall not have power to reduce or increase the damages.
(6) A new trial shall not be ordered by reason of the ruling of any Judge that a document is sufficiently stamped or does not require to be stamped.






