1984 Ed.]
District Court
[CAP. 336
53. (1) Except where a party to the proceedings has obtained leave to appeal and the parties to the proceedings do not agree to the withdrawal of the appeal, a judge, on such grounds as he may think sufficient and within one month from the date of any judgment or order given or made by him, may decide to review any such judgment or order and on such review may re-open and re-try the case, wholly or in part, and may take fresh evidence and may reverse, vary or confirm his previous judgment or order.
(2) The power conferred by subsection (1) may be exercised-
(a) by a judge of his own motion, on notice to all parties to the proceedings; or
(b) on the application of any party to the proceedings, on notice to the other party.
(3) The exercise of the power conferred by subsection (1) shall not operate as a bar to appeal by any party to the proceedings, against the judgment or order or, as the case may be, the determination upon the review.
(4) On an application by a party to any proceedings for a review of a decision or order made therein, a judge may impose such terms as to costs, payment into court or otherwise as he may think fit as a condition of the exercise of his power of review.
(5) If a judge shall have decided, within one month from the date of any judgment or order, to exercise his power of review in respect thereof, such power may be exercised at any time thereafter whether within such period of one month or otherwise.
(6) A decision by a judge to exercise his power of review shall not operate as a stay of execution of the judgment or order which is to be reviewed unless the judge otherwise orders and any stay of execution may be made subject to such conditions as to costs, payment into court, giving security or otherwise as the judge thinks fit.
(7) The power conferred by subsection (1) may be exercised in relation to proceedings under the jurisdiction conferred by any other enactment unless such other enactment specifically otherwise provides.
(22 of 1962, s. 22, incorporated)
Procedure
54. Any trustee, executor or administrator may sue and be sued in the Court on behalf of or as representing the property or estate of which he is a trustee or a personal representative, without joining any person beneficially interested in the trust or the estate and in like manner as if the trustee, executor or administrator were a party in his own right but the Court may, at any stage of the proceedings, order that any person beneficially interested in the trust
Review of judgments and orders.
Trustees and personal representatives.
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