Mauritius
Court of Civil Appeal Act
Act 8 of 1963
- Commenced on 9 September 1963
- [This is the version of this document at 30 June 2017.]
1. Short title
This Act may be cited as the Court of Civil Appeal Act.2. Constitution of Court of Civil Appeal
3. When appeal lies
4. Reserving questions of law for the Court
In addition and without prejudice to the right of appeal conferred by section 3, the Judge may, either proprio motu or on the application of any party to a case, reserve for consideration by the Court of Civil Appeal, on a case to be stated by him, any question of law which may arise at the hearing of any matter in the exercise in Court of his original civil jurisdiction, and may give his judgment or decision, subject to the opinion of the Court of Civil Appeal, and the Court of Civil Appeal may hear and determine every such question.5. Notice and grounds of appeal
6. Ex parte application
Where an ex parte application has been refused by the Judge, an application for a similar purpose may be made to the Court of Civil Appeal ex parte within 10 days from the date of the refusal or within such enlarged time as the Judge or the Court of Civil Appeal may allow.7. Stay of proceedings
An appeal made under this Act to the Court of Civil Appeal shall operate as a stay of execution of proceedings under the judgment or order appealed from.8. Appeals how decided
9. Determination by Court
On the hearing of an appeal under this Act, the Court of Civil Appeal may draw any inferences of fact and give any judgment and make any order which ought to have been made, and make such further or other order as the case may require.10. Interlocutory order not appealed from
No interlocutory order from which there has been no appeal shall operate so as to bar or prejudice the Court of Civil Appeal from giving such decision upon the appeal as seems just.11. New trial
12. Immaterial errors
No judgment or order of the Judge shall be reversed or substantially varied on appeal, nor a new trial ordered by the Court of Civil Appeal, on account of any error, defect, or irregularity, whether in the decision or otherwise, not affecting the merits, or the jurisdiction of the Judge.13. Costs of appeal
The Court of Civil Appeal may make such order as to the whole or any part of the costs of appeal or in the Court below as seems just.14. Rules of Court
The Judges may make Rules of Court for regulating and prescribing the procedure in appeals made under this Act.History of this document
30 June 2017 this version
Consolidation
09 September 1963
Commenced