Review of judgmenta und orders.

10

(2) Nothing in this section shall-

(a) be deemed to confer admiralty jurisdiction upon the Court; or (6) prejudicially affect the provisions of sections 19 and 20; or (c) empower the Court to grant any injunction or to make any declaration in such manner as to affect any process or pro- ceeding of or in the Supreme Court.

22. (1) Except where a party to the proceedings has obtained Icave 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 sulficient and within one month from the date of any judgment or order given or made by him, muy 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 (E) 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 pol 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 be may think fit as 1 condition of the exercise of his power of review.

(5) If a judge shall have decided, within one month from the dale 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 slay 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.

LE

PART III.

PROCEDURE.

Parties.

resentatives

23. Any trustee, executor or administrator may sue and be sued Trustees and in the Court on behalf of or as representing the property or estate of personal op 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 or estate shall be made a party to the proceedings, either in addition to or in substitution for the previously existing parties.

for

24. Any two or more persons. being employees or prospective Claims by employees of the same person or having separate causes of action employees against such person for arrears of salary or wages or for deposits made WORES. with such person, in relation to the employment or prospective employ- ment, or for damages for wrongful dismissal or otherwise in connexion with the employment or prospective employment may unite as plaintiffs in one action against such other person :

Provided that if it appears to the Court that such joinder may cmbarrass or delay the trial of the action, the Court may order separate trials or may make such other order as may be expedient but any such defendant, though unsuccessful, shall be entitled to such costs as are occasioned by so joining any person who is not found to be entitled to any relief, unless the Court in disposing of the costs otherwise directs.

25. (1) Where a plaintiff has a demand recoverable against two Persons

or more persons jointly liable, as partners or otherwise, it shall be jointly liable. sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served not- withstanding that any other person jointly liable may not have been served or sued or may not be within the jurisdiction of the Court.

(2) Where judgment is obtained against a person as aforesaid and is satisfied by that person, he shall be entitled to recover in the Court contribution from any other person jointly liable with him.

(3) A judgment obtained against a person in respect of his liability jointly with any other person shall not release such other person from any liability for such indebtedness.

(4) Where a person is sued in respect of his liability jointly with any other person. he may set up any defence or counterclaim which he would have been entitled to set up if all the persons liable had been made defendants.

Share This Page