Print Options

(1) This section shall have effect without prejudice to any right of appeal conferred by the Constitution, this Act or any other enactment.

(2) The Court of Appeal may before giving judgment in any proceedings before it reserve a question of law by case stated for the consideration of the Supreme Court.

(3) A Judge of the High Court or of a Circuit Court may at any time before judgment in any civil cause or matter before it, reserve for the consideration of the Court of Appeal, by case stated, any question of law which may arise in the proceedings.

(4) A Judge of the High Court or of a Circuit Court in any criminal trial may before judgment, reserve for the consideration of the Court of Appeal by case stated, any question of law which may arise in the proceedings. [As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7]

(5) A Regional Tribunal or a Circuit Tribunal in any trial before it may before giving judgment, reserve for the consideration of the Court of appeal by case stated by the Regional or Circuit Tribunal any question of law arising in the proceedings.

(6) A District Court may at any time before giving judgment in any action before it, reserve any question of law that may arise in the proceedings for the consideration of the High Court by case stated by the District Court. [As amended by the Courts (Amendment) Act, 2002 (Act 620), sch. to s.7]

(7) Any court to which a question of law is referred under this section shall have power to hear and determine that question.

(8) Where a question of law has been reserved for the consideration of a court under this section, the court which reserved the question shall adjourn the proceeding in question until the decision of the first mentioned court on it is given and the court which reserved the question shall, after the decision is known given judgment in the case in accordance with that decision.

(9) The court to which any question of law is reserved under this section shall ensure that the question referred to it is heard and determined by it as expeditiously as possible and that its decision is communicated to the court which reserved the question.