Principle

APPELLATE PRACTICE – Power of Court of Appeal to vary orders and extract undertakings – Authority to Extract Undertaking as to Damages and Continue Injunction

Area of law
APPELLATE PRACTICE
Court
Supreme Court

The Court of Appeal may cure the trial court's error by extracting the required undertaking. The appellate court has power to vary orders and continue injunctions. The principle ensures that justice is not defeated by procedural omissions. The court may exercise this power in the…

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