“plaintiff” includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;
“pleading” includes any petition or summons, and also includes the statement in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counter-claim of a defendant;
“prescribed” means prescribed by rules of court;
“Registrar” means the Registrar of the Supreme Court;
“Registry” means any Registry of the Supreme Court.
PART II
The Supreme Court
Supreme Court.
[cf. 1925 c. 49, s. 1.]
3. (1) There shall be a Supreme Court of Judicature consisting of the High Court of Justice and the Court of Appeal.
(2) Subject to the provisions of this Ordinance, the Supreme Court shall be a court of unlimited civil and criminal jurisdiction.
Constitution of High Court. 4. (1) The High Court shall consist of—
- (a) the Chief Justice; and
- (b) such judges as the Governor may appoint.
(2) A Justice of Appeal may sit in the High Court and act as a judge thereof whenever the business of the High Court so requires, in which case he shall have all the jurisdiction, powers and privileges of such a judge.
(3) The Chief Justice shall be the president of the High Court and, in his absence for any cause, the presidency shall be determined in accordance with the order of precedence prescribed in section 7.
Constitution of Court of Appeal. 5. (1) The Court of Appeal shall consist of—
- (a) the Chief Justice; and
- (b) such Justices of Appeal as the Governor may appoint.
(2) A judge of the High Court may, on the request of the Chief Justice, sit as an additional judge of the Court of Appeal, in which case he shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal.
(3) The Chief Justice shall be the president of the Court of Appeal and, in his absence for any cause, the presidency shall be determined in accordance with the order of precedence prescribed in section 7.
Appointment of judges. 6. (1) A judge of the Supreme Court, other than—
- (a) a judge appointed under subsection (1) or (2) of section 8; and
- (b) a Commissioner,
shall be appointed by Letters Patent under the Public Seal by the Governor, in accordance with such instructions as the Governor may receive through a Secretary of State.
(2) Any appointment made under subsection (1) may be given effect from a date anterior to that of the Letters Patent by which it is made:
