Proceedings not to be set aside for want of form.
Death or absence of judge before conclusion of trial.
Appeal to Court of Appeal.
CAP. 336]
District Court
[1984 Ed.
61. No action or other proceeding in the Court shall be treated or considered as invalid or subject to be set aside on account of any verbal or technical errors or other defect in form and any such error or mistake may in any such case be amended or corrected by the Court.
(22 of 1962, s. 37, incorporated)
62. (1) Where a judge is prevented by death, absence or otherwise howsoever from concluding the trial of any cause, any other judge, with the consent of the parties, may proceed therewith and may give judgment therein and in so doing may act not only upon any further evidence adduced in the proceedings but also upon any evidence already received insofar as it has been recorded.
(2) For the purposes of this section, the fact that a judge purports to proceed with an unconcluded trial in accordance with the provisions of subsection (1), shall be conclusive evidence that the former judge in such cause is dead, absent or otherwise not available.
(22 of 1962, s. 38, incorporated)
Appeals
63. (1) If any party to any proceedings in the Court is dissatisfied with a determination or direction of a judge in point of law or upon the admission or rejection of any evidence or on any question of fact, the party aggrieved by the judgment, direction, decision or order may, within 14 days thereafter, apply to a judge for leave to appeal, or, if such judge refuses leave, within a further 14 days from the date of such refusal to the Court of Appeal.
(2) So far as is practicable, every application for leave to appeal shall be made to the judge against whose judgment, direction, order or decision the appeal is sought.
(3) In any case in which the Court of Appeal may so allow any such application may be made direct to the Court of Appeal.
(4) On any such application, the judge or the Court of Appeal, as the case may be, may in his or its discretion grant leave to appeal on such terms as to costs, payment of money into court, giving security for the prosecution of the appeal or otherwise as he or it may think fit.
(5) A judge or the Court of Appeal may, at any time, and notwithstanding that the time for an application for leave to appeal may have already expired, extend the time for applying for leave to appeal.
(6) Where a judge has exercised his power of review under section 53, the time for applying for leave to appeal shall run from the date of the determination made upon such review.
(22 of 1962, s. 39, incorporated)