Refusal to reserve question of law
304 Refusal to reserve question of law
S. 304(1) amended by No. 48/2012 s. 20(1).
If the Supreme Court or the County Court refuses an application under section 302 or 302A to reserve a question of law, the applicant may apply to the Court of Appeal for an order calling on—
the court which dismissed the application; and
the respondent—
to show cause why the question of law should not be reserved for determination by the Court of Appeal.
On an application under subsection (1), the Court of Appeal may order that the question of law be reserved for its determination or refuse the application with or without costs.
If the Court of Appeal orders that the question of law be reserved, the court to which the order is directed must reserve the question for determination by the Court of Appeal.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.