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Appeal to Full Court
Powers of
Full Court on appeal.
(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 dend, absent or otherwise not available.
PART IV.
APPEALS.
39. (3) If any party to any proceedings in the Court is dissatisfied with a determination or direction of a judge in point of law or upan 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 fourteen days thereafter apply to a judge for leave to appeal or, if such judge refuses leave, within a further fourteen days from the dale of such refusal to the Full Court,
(2) So far as is practicable, every application for leave to appeal shall be made to the judge against whose judgment, direction, order ar decision the appeal is sought.
(3) In any case in which the Full Court may so allow any such application may be made direct to the Full Court.
(4) On any such application, the judge or the Full Court, 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 Full Court may, 1 any time, and notwith- standing 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 sec tion 22, the time for applying for leave to appeal shall run from the date of the determination made upon such review.
40. (1) On any appeal, the Full Court may draw any inference of fact and may-
(a) order a now 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 casure the determination on the merits of the real question in controversy between the parties.
(2) On any appeal, the Full Court 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 Full Court may receive further evidence
in accordance with the provisions of the Code.
41. Subject to the provisions of this Ordinance, every appeal from Procedure the Court to the Full Court shall be brought in such manner and shall appeal. be subject to such conditions as are prescribed by the Code.
42. (1) An application for a stay of execution on an appeal may Stay of be made at any time and shall, unless the Full Court otherwise allows, execution on be made in the first instance to a judge of the Court.
uppcad.
(2) Without prejudice to the powers of the Full Court, 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 prose- cution of an appeal or otherwise as he shall think fit.
PART V. GENERAL.
43. In the execution of a judgment or order for the recovery of Levy on
instaqer.
a sum of money, the bailiff shall in the first instance, if practicable, goods, etc. levy execution on the goods, chattels and effects of the party against in first whom it is made and in the event of the bailiff not being able to find sufficient goods, chattels or effects and of the said party failing to point out to the bailiff any property whereon to levy, the bailiff shall enforce the judgment or order by personal arrest and imprisonment.
Court and
44. (1) Where writs have been issued from the Supreme Court Priority of and from the District Court or from the District Court only, at the Supreme suit of different plaintiffs, against the goods of the same person, the right to the goods seized shall be determined by the priority of the time executions. of delivery of the writ to the bailiff to be executed,
(2) The bailiff shall endorse on every such writ the date and time of the same coming to his hands for execution.
Court
45. (1) Where a lessor is proceeding by action in the Court (being Provisions au action in which the Court has jurisdiction) to enforce against à as to forfel- lessee a right of re-entry or forfeiture in respect of any land for non- Lure for payment of reat, the following provisions shall have effect-
(a) if the lessee pays into court not less than five clear days before the return day all the rent in arrear and the costs of the action as endorsed on the writ, the action shall cease, and the lessee shall hold the land according to the lease without any new lease;
non-payment of rent.
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