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.
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