Principle

APPELLATE PRACTICE — Power of Appellate Court to Order Retrial — Precondition of Trial Court’s Jurisdiction

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A retrial cannot be ordered where the trial court lacked jurisdiction from the outset. Jurisdiction is a precondition for invoking retrial powers under section 16 of the Court of Appeal Act. The principle applies to appellate practice. The rule prevents appellate courts from ordering new…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in