Courts of Justice Act, 1928
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Circuit Court Appeals. |
11.—(1) Every appeal under section 61 of the Principal Act from a judgment or order of the Circuit Court shall be expressed in the notice of appeal to be grounded on the evidence at the trial or hearing (as the case may require) before the Circuit Court and shall be heard and determined in accordance with this section. | |
(2) Subject to the provisions of this section every appeal under section 61 of the Principal Act shall be heard and determined on the report of the official stenographer but the Court hearing such appeal may on such hearing do all or any of the following things, that is to say:— | ||
(a) admit additional evidence either oral or on affidavit; | ||
(b) re-hear the evidence of any witness whose evidence is contained in such report; | ||
(c) refer any matter arising on such report to the Judge of the Circuit Court from whose decision the appeal is taken for his observations thereon; | ||
(d) order a new trial of the case; | ||
(e) enter such judgment in the case as to the Court may seem fit. | ||
(3) Where it appears to the Court hearing an appeal under section 61 of the Principal Act that the report of the official stenographer is, through no default on the part of the appellant, not forthcoming, the Court may either determine the appeal by rehearing the case either on oral evidence or by affidavit or partly on oral evidence and partly by affidavit, or may order a new trial of the case to be had. | ||
(4) This section applies to appeals under section 61 of the Principal Act brought before as well as after the passing of this Act. |