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Contents

Long Title

Part I PRELIMINARY

Part II THE SUPREME COURT

Part III THE HIGH COURT

General

Original Jurisdiction

Appellate Jurisdiction of the High Court

Revision

Allocation of Proceedings

Part IV THE COURT OF APPEAL

Part IVA CIVIL JURISDICTION OF COURT OF APPEAL

Part V CRIMINAL JURISDICTION OF COURT OF APPEAL

Part VI OFFICERS AND OFFICES

Registrar

Sheriff

Accountant

Subordinate officers

Offices

Part VII MISCELLANEOUS PROVISIONS

List of Touts

Disabilities of Registrar and other officers

Protection of Registrar and other officers

Rules of Court

Council of Judges

FIRST SCHEDULE Additional Powers of the High Court

SECOND SCHEDULE

Legislative History

Comparative Table

 
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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 01/08/1999.
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PART IV
THE COURT OF APPEAL
Constitution of Court of Appeal
29.
—(1)  The Court of Appeal shall consist of —
(a)
the Chief Justice; and
(b)
the Judges of Appeal.
[16/93]
(2)  The Chief Justice may appoint one or more of the Judges of Appeal as vice-presidents of the Court of Appeal.
[16/93]
(3)  A Judge of the High Court may, on the request of the Chief Justice, sit as a judge of the Court of Appeal, in which case he shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal.
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(4)  The Chief Justice shall be the President of the Court of Appeal and, in his absence for any cause, the presidency shall be determined in accordance with the order of precedence prescribed in section 4.
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Jurisdiction of Court of Appeal
29A.
—(1)  The civil jurisdiction of the Court of Appeal shall consist of appeals from any judgment or order of the High Court in any civil cause or matter whether made in the exercise of its original or of its appellate jurisdiction, subject nevertheless to the provisions of this Act or any other written law regulating the terms and conditions upon which such appeals may be brought.
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(2)  The criminal jurisdiction of the Court of Appeal shall consist of appeals against any decision made by the High Court in the exercise of its original criminal jurisdiction, subject nevertheless to the provisions of this Act or any other written law regulating the terms and conditions upon which such appeals may be brought.
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(3)  For the purposes of and incidental to —
(a)
the hearing and determination of any appeal to the Court of Appeal; and
(b)
the amendment, execution and enforcement of any judgment or order made on such an appeal,
the Court of Appeal shall have all the authority and jurisdiction of the court or tribunal from which the appeal was brought.
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(4)  The Court of Appeal shall, for the purposes of and subject to the provisions of this Act, have full power to determine any question necessary to be determined for the purpose of doing justice in any case before the Court.
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Composition of Court of Appeal
30.
—(1)  The civil and criminal jurisdiction of the Court of Appeal shall be exercised by 3 or any greater uneven number of Judges of Appeal.
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(2)  Notwithstanding subsection (1), the Court of Appeal in the exercise of its civil jurisdiction shall, if it consists of 2 Judges of Appeal, be duly constituted for the purpose of hearing and determining an appeal against —
(a)
an interlocutory order; or
(b)
any other order except a judgment obtained after a trial of an action commenced by writ or after the hearing of an action or matter commenced by any other originating process.
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(3)  No Judge of Appeal shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to —
(a)
an appeal from a judgment or order made by him;
(b)
an appeal against a conviction before him or a sentence passed by him; or
(c)
the consideration of any point reserved by him under section 59.
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(4)  Section 10A shall apply in relation to proceedings before the Court of Appeal as it applies in relation to proceedings before the High Court.
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Appeals how decided
31.
—(1)  Subject to subsection (2), any appeal or determination of any question before the Court of Appeal shall be decided in accordance with the opinion of the majority of the members of the Court hearing the case.
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(2)  Where an appeal has been heard by the Court of Appeal consisting of 2 Judges of Appeal and the members of the Court are divided, the decision appealed against shall stand.
[16/93]
Sittings of Court of Appeal
32.
—(1)  The Court of Appeal shall sit on such dates (whether or not a Sunday or public holiday or during a vacation prescribed under section 12) and at such places as the Chief Justice may from time to time appoint.
[8/98]
(2)  The Chief Justice may cancel or postpone any sitting of the Court of Appeal which has been appointed under subsection (1).