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Law library · Sierra Leone · The West Mrican Court of Sh~rt title Appeal (Civil Cases) Ordinance

Section 7: Discretionary power to entertain any appeal.

Status not yet checkedThe West Mrican Court of Sh~rt title Appeal (Civil Cases) Ordinance, Sierra Leone

CHAPTER 14. WEST AFRICAN COURT OF APPEAL (CIVIL CASES). An Ordinance to make provision for appeals to the West African 2~ ~~ ~~~~: Court of Appeal in Civil Cases. [1ST MARCH, 1929.] 1. This Ordinance may be cited as the West Mrican Court of Sh~rt title Appeal (Civil Cases) Ordinance; it shall be read and construed :~uc~~~~ as one with the Courts Ordinance, and shall apply to the Colony ~ap. 7· and Protectorate. 2. In this Ordinance, unless the context otherwise requires- I~terpretac A 1 W . ftwn. " ourt of ppea " means the est Afncan Court o Appeal established by the West African Court of Appeal Order in Council, 1948; "Supreme Court'' means the Supreme Court of Sierra Leone; " Rules of Court " means rules of the Court of Appeal made under the West Mrican Court of Appeal Order in Council, 1948 . . 3. Subject to the provisions of the next section an appeal shall lie to the Court of Appeal- (a) from all final judgments and decisions of the Supreme Court- * After the coming into operation of the Sierra Leone and the Gambia Court of Appeal Order in Council, 1959 (S.I. 1959, No. 1977), this Ordinance and the next (Chapter 15). will have effect as if they were laws enacted in pursuance of section 19 of the Order, which will be in the 1960 volume of Legislation of Sierra Leone. When appeal lies. 116 Cap. 14] West African Court of Appeal (Civil Cases) Conditions precedent to appeal. (i) given in respect of a claim exceeding the sum of fifty pounds; or ·· (ii) determining, directly or indirectly, a claim or question respecting money, goods, or other property, or any civil right or other matter above the amount or value of fifty pounds; and (b) by leave of the Judge making the order, but not otherwise, from all interlocutory orders and decisions made in the course of any suit or matter: Provided always that no appeal shall lie, except by leave of• the Court making the order~ (a) from an or<ler as to costs only; or (b) from an order made by the consent of parties. 4. The Court of Appeal shall not entertain any appeal unless the appellant has fulfilled all the conditions of appeal imposed by the Court below in accordance with the Rules of Court. Power to 5. In addition and without prejudice to the right of appeal ~~!~~ve and conferred by this Ordinance, any Judge of the Supreme Court questions of may reserve for consideration by the Court of Appeal; on a case law for b d b hi • f l hi h ·. . hopinion of the to. estate y . m, any question o aw ": c maY. anse on t. e Court of tmtl of any smt or matter, and may g1ve any Judgment or Appeal. decision subject to the opinion of the Court of Appeal, and the Court of Appeal shall have power to hear and determine every such question. Judgments not to be reversed on ground of insufficiency of stamp on a document. 6. The Court of Appeal shall not reverse any judgment by reason of the ruling of a court that the stamp upon any document is insufficient or that the document does not require a stamp. Discretionary 7. Notwithstanding anything hereinbefore contained the P~=~a: ny Court of Appeal may entertain any appeal from the Court :ppeal. a below on any terms which it thinks fit.

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