Principle

APPELLATE PRACTICE — Remittal of Case — Principles Governing Order for Retrial — Conditions for Making Order

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Retrial is a serious remedy with specific conditions. All five conditions must co-exist. The court balances the interests of justice. The error must not have rendered the trial a nullity. The evidence must show a substantial case. The court considers oppression, triviality, and comparative injustice.…

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