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In forceAmended2020 Revised Edition

Part 3 · General Division of High Court

22. Powers of rehearing

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Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

All appeals to the General Division in the exercise of its appellate civil jurisdiction are to be by way of rehearing.

(2)

In hearing and deciding an appeal, the General Division has all the powers and duties, as to amendment or otherwise, of the court from which the appeal was brought.

(3)

Subject to the provisions of this Act and any other written law, the General Division may receive further evidence —

(a)

by oral examination in court; (b)by affidavit; (c)by deposition taken before an examiner or a commissioner; or

(d)

in any other manner as the court may allow.

(4)

Except as provided in subsection (5), such further evidence may be given to the General Division only with the permission of the General Division and on special grounds.

(5)

Such further evidence may be given to the General Division without permission if the evidence relates to matters occurring after the date of the decision appealed against.

(6)

The General Division may draw any inference of fact, give any judgment and make any order.

(7)

The powers in this section —

(a)

may be exercised in relation to any part of the decision appealed against, including any part of the decision appealed against to which the appeal does not relate; and

(b)

may be exercised in favour of any party to the decision appealed against, including any party to the decision appealed against who has not appealed against the decision.

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Part 4

Appellate Division of High Court

Part 5

Court of Appeal

Part 6

Officers and Offices

Part 7

Miscellaneous Provisions

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