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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 64.36

Powers of the Court of Appeal

    (1)     Without limiting Rule 64.12, on an application for leave to appeal or an appeal, the Court of Appeal has the same powers and duties as to amendment or otherwise as the court or tribunal that made the decision the subject of the application for leave or the appeal.

    (2)     The Court of Appeal has power—

        (a)     to draw inferences of fact;

        (b)     to give any judgment and make any order which ought to have been given or made; and

        (c)     to make any further or other order as the case may require.

    (3)     Subject to Rule 64.13, the Court of Appeal has power to receive further evidence upon questions of fact—

        (a)     by oral examination in court;

        (b)     by affidavit; or

        (c)     by deposition taken before an examiner.

    (4)     Where any question arises as to any matter occurring in the proceeding in the court or tribunal that made the decision the subject of the application for leave to appeal or appeal, the Court of Appeal may have regard to—

        (a)     transcript of that proceeding; and

        (b)     any other evidence and any other materials as it thinks fit.

    (5)     Without limiting paragraph (4), the Court of Appeal

        (a)     may call for a report from the judge of the court or from the tribunal that made the decision the subject of the application for leave to appeal or appeal; and

        (b)     if the contents of that report have first been made available to the parties, may, so far as it thinks fit, act upon the report.

    (6)     On an appeal, the powers of the Court of Appeal are not limited by reason of any order made on an interlocutory application from which there has been no appeal.

    (7)     Without limiting Rule 64.12, the powers of the Court of Appeal under this Rule may be exercised notwithstanding that—

        (a)     no application for leave to appeal, appeal, cross-application for leave to appeal or cross-appeal has been commenced in respect of any particular part of the decision the subject of the application for leave to appeal or the appeal or by any particular party to the proceeding in the court or tribunal that made the decision; or

        (b)     any ground for allowing the application for leave to appeal or the appeal or for affirming or varying the decision the subject of the application or appeal is not specified in an application for leave to appeal, a notice of appeal, a cross-application for leave to appeal or a notice of cross-appeal.



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