Special case may be reserved for Supreme Court
104 Special case may be reserved for Supreme Court
At any stage of any civil proceedings before it a Warden’s Court may reserve any question of law for the opinion of the Supreme Court, and, with respect to every question so reserved, the following. provisions shall apply:—
The warden shall prepare a special case, setting forth the question so reserved, and shall transmit such case to the Master of the Supreme Court;
The Master shall set a special case down for argument before a Judge of the Supreme Court, and the Judge’s opinion on the special case shall, when given, be drawn up and transmitted by the Master to the warden;
The costs of the proceedings shall he in the discretion of the Judge;
Upon receipt of such opinion the Warden’s Court shall act in accordance therewith, and in the meantime no judgment or order of the court shall affect the question so reserved;
When reserving any such question, or at any time before acting on the Judge’s opinion thereon, the warden, on the application of any party to the proceedings, and on such terms as he thinks fit, may make such order for an injunction or a receiver or for payment of money into court, or for giving security for damages and costs or otherwise, and on such terms as he may think fit.
[Section 104 amended: No. 66 of 1954 s. 33.]
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