eSwatini
Court of Appeal Act, 1954
Act 74 of 1954
- Commenced on 15 April 1955
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title
This Act may be cited as the Court of Appeal Act, 1954.2. Interpretation
In this Act, unless the context otherwise requires—"judgment" includes decree, order, conviction, sentence and decision.3. Applications before single judge of Appeal
An application which may be brought before a single judge of the Court of Appeal may be dealt with by him in open court or in chambers, at his discretion.Part II – Criminal appeals
4. Right of appeal in criminal cases
5. Appeals in ordinary cases
6. Appeals by the prosecution
7. Determination of appeals by prosecution
8. Powers of Court in special cases
9. Suspension of order ancillary to conviction
10. Period of suspension of orders
11. Supplementary powers of Court
In the exercise of its jurisdiction, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—12. Stay of execution of certain sentences
In the case of a sentence of death or of corporal punishment—13. Power to admit to bail and postpone fine
Part III – Civil appeals
14. Right of appeal in civil cases
15. Right of appeal from the High Court’s civil appellate jurisdiction
A person aggrieved by a judgment of the High Court in its civil appellate jurisdiction may appeal to the Court of Appeal with the leave of the Court of Appeal or upon the certificate of the judge who heard the appeal, on any ground of appeal which involves a question of law but not on a question of fact.16. Appeal in special cases
An appeal shall lie to the Court of Appeal where provision is expressly made in an Act for such appeal.17. Power to reserve questions of law for opinion of Court of Appeal
In addition and without prejudice to the right of appeal given by this or any other Act, a judge of the High Court may reserve for consideration by the Court of Appeal, on a case to be stated by him, any question of law which may arise on the trial of a suit or matter and may give any judgment subject to the opinion of the Court of Appeal, and the Court of Appeal shall have powers to hear and determine every such question.History of this document
01 December 1998 this version
Consolidation
15 April 1955
Commenced