1984 Ed.]
District Court
[CAP. 336
64. (1) On any appeal, the Court of Appeal may draw any inference of fact and may--
(a) order a new trial on such terms as it thinks just; or
(b) order judgment to be entered for any party; or
(c) make a final or other order on such terms as it thinks proper to ensure the determination on the merits of the real question in controversy between the parties.
(2) On any appeal, the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the Court in whole or in part, any determinations made in the Court on questions of fact, notwithstanding that the appeal is on a point of law only, or any such determinations on points of law notwithstanding that the appeal is an appeal on a question of fact only.
(3) On any appeal, the Court of Appeal may receive further evidence in accordance with the provisions of the Rules of the Supreme Court. (Amended, 103 of 1970, s. 7)
(22 of 1962, s. 40, incorporated)
65. Subject to the provisions of this Ordinance, every appeal from the Court to the Court of Appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by the Rules of the Supreme Court.
(22 of 1962, s. 41, incorporated. Amended, 103 of 1970, s. 8)
66. (1) An application for a stay of execution on an appeal may be made at any time and shall, unless the Court of Appeal otherwise allows, be made in the first instance to a judge of the Court.
(2) Without prejudice to the powers of the Court of Appeal, a judge, on any such application, may grant a stay of execution on such terms as to costs, payment of money into court, giving security for the prosecution of an appeal or otherwise as he shall think fit.
(22 of 1962, s. 42, incorporated)
Miscellaneous
66A. (1) Any person summoned in manner prescribed as a witness in the Court who-
(a) refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or
(b) refuses to be sworn or to give evidence,
shall forfeit such fine not exceeding $5,000, and serve such term of imprisonment not exceeding 2 years, as the judge may direct:
Provided that no person so summoned shall be punishable under paragraph (a) unless there has been paid or tendered to him at
31
Powers of Court of Appeal on appeal.
(Cap. 4, sub. leg.)
Procedure on appeal.
Stay of execution on appeal.
Penalty for neglect of witness summons.