Make your own free website on Tripod.com
Accueil
 Home    History
 
  Justices   Constitution   Judgments    Court Rules  Procedures     Court System  LILibrary Services     
 
 
 
SUPREME COURT ACT
   
Image


 


 

 


 




Part 4

Appeals in Civil Cases


21. (1) This Part shall apply to the exercise of the jurisdiction of the Supreme Court to hear appeals in civil cases.

(2) Where in the exercise by the Court of Appeal of its jurisdiction an interlocutory order or decision is made in the course of any suit or matter an appeal shall, by leave of that court or of the Supreme Court, as the case may be, lie to the Supreme Court; but no appeal shall lie from any order made exparte, or by consent of the parties, or relating only to costs.

(3) Nothing in subsection (2) of this section shall be construed so as to authorize an application to the Supreme Court in the first instance for leave to appeal from an interlocutory order or decision made in the course of any suit or matter brought in the Court of Appeal.


22. The Supreme Court may, from time to time, make any order necessary for determining the real question in controversy in the appeal, and may amend any defect or error in the record of appeal, and may direct the court below to inquire into and certify its findings on any question which the Supreme Court thinks fit to determine before final judgment in the appeal and may make an interim order or grant any injunction which the court below is authorised to make or grant and may direct any necessary inquiries or accounts to be made or taken and generally shall have full jurisdiction over the whole proceedings as if the proceedings had been instituted and prosecuted in the Supreme Court as a court of first instance and may rehear the case in whole or in part or may remit it to the court below for the purpose of such rehearing or may give such other directions as to the manner in which the court below shall deal with the case in accordance with the powers of that court.


23. The Supreme Court shall not grant a new trial or reverse any judgment by reason of the ruling of any court that the stamp upon any judgment is sufficient or that the document does not require a stamp.


24. An appeal under this Part shall not operate as a stay of execution, but the Supreme Court may order a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with rules of court.


page | 1| 2| 3| 4 | 5
 


 
Space agent | Contact
2005 - Benin Supreme Court - LegalInfo.