The Supreme Court is a creature of statute and can only do that
which its enabling statute permits. The jurisdictional limits and powers
of the court are found in sections 21 and 22 of the Supreme Court Act
[Chapter 7:13] which read as follows in relevant part:“21. Jurisdiction in appeals ...
The Supreme Court is a creature of statute and can only do that
which its enabling statute permits. The jurisdictional limits and powers
of the court are found in sections 21 and 22 of the Supreme Court Act
[Chapter 7:13] which read as follows in relevant part:
“21. Jurisdiction in appeals in civil cases
(1)
The Supreme Court shall have jurisdiction to hear and determine an
appeal in any civil case from the judgment of any court or tribunal from
which, in terms of any other enactment, an appeal lies to the Supreme
Court.
(2) Unless provision to the contrary is made in any other
enactment, the Supreme Court shall hear and determine and shall exercise
powers in respect of an appeal referred to in subsection (1) in
accordance with this Act.
22. Powers of Supreme Court in appeals in civil cases
(1) Subject to any other enactment, on the hearing of a civil appeal, the Supreme Court —
(a)
Shall have power to confirm, vary, amend or set aside the judgment
appealed against or give such judgment as the case may require;
(b) May, if it thinks it necessary or expedient in the interests of justice —
(i)…,.
(ii)…,.
(iii)…,.
(iv)…,.
(v)…,.
(vi)…,.
(vii)…,.
(viii)…,.
(ix) Take any other course which may lead to the just, speedy, and inexpensive settlement of the case;
(c)
May, if it appears to the Supreme Court that a new trial or fresh
proceedings should be held, set aside the judgment appealed against and
order that a new trial or fresh proceedings be held.
(2)…,.”
It
is clear from the above, that, the Supreme Court has extensive powers,
which include the power to amend, vary, confirm or set aside a judgment
of a lower court or tribunal. It also has the power to take any course
which may lead to the just, speedy, and inexpensive settlement of the
case.
