PART VIII
MAINTENANCE OF WIFE AND CHILDREN
Power of District Court or Magistrate’s Court to refuse order where High Court proceedings more convenient
76. —(1) If in the opinion of the District Court or the Magistrate’s Court the matters in question between the parties or any of them would be more conveniently dealt with by the High Court, the District Court or the Magistrate’s Court may refuse to make an order and in that case there shall be no appeal from its decision.
(2) The High Court or a Judge thereof shall have power, by order in any proceedings in the High Court relating to or comprising the same subject-matter as the application refused or any part thereof under subsection (1), to direct the District Court or the Magistrate"s Court to rehear or determine the same.
Appeal
77. —(1) Subject to the provisions of this Part and Part VII, an appeal shall lie from any order or the refusal of any order by a District Court or a Magistrate’s Court under this Part and Part VII to the High Court exercising appellate civil jurisdiction under the provisions of the Supreme Court of Judicature Act (Cap. 322).[30/96]
(2) All appeals brought under this section shall be by way of rehearing and the High Court shall have the like powers and jurisdiction on the hearing of such appeals as the Court of Appeal has on the hearing of appeals from the High Court under the Supreme Court of Judicature Act.[26/80]
(3) No appeal made under the provisions of this Part and Part VII from any order shall operate as a stay of such order unless the High Court or the District Court or the Magistrate’s Court so directs.[26/80;30/96]
Powers of High Court
78. The High Court shall have the jurisdiction and powers which belong to and are exercisable by a District Court or a Magistrate’s Court under this Part.
Procedure
79. —(1) All applications to a District Court or a Magistrate’s Court under this Part and Part VII shall be made and heard in the same manner and in accordance with the same procedure as applications for summonses are made and heard by the District Court or the Magistrate’s Court under the provisions of the Criminal Procedure Code (Cap. 68) and an application under this Part and Part VII shall be deemed to be a complaint for the purposes of that Code.[30/96]
(2) The Rules of Court for the time being in force made under the provisions of the Supreme Court of Judicature Act (Cap. 322) and applicable to appeals from District Courts brought under section 21 of that Act shall apply to all appeals brought under section 77.
(3) Where an appeal is so brought from a Magistrate’s Court, the Rules of Court shall be construed and applied as far as necessary as if references to a District Court were references to a Magistrate’s Court and references to a District Judge were references to a Magistrate.
(4) A court before which any application under this Part or Part VII is heard may make such order as to costs as it thinks fit. [30/96]