40 Constitution of the Independent State of Samoa 73. Establishment and constitution of Court of Appeal (1) There shall be a Court of Appeal of Samoa, which for this Part, shall be a superior Court of record. (2) Subject to the provisions of this Part, the Judges of the Court of Appeal shall be: (a) the Chief Justice of Samoa; (b) Judges of the Supreme Court; (c) Retired Judge of the Supreme Court of Samoa; (d) such persons possessing similar qualifications as those persons under clause (2) of Article 66, as may be appointed by the Head of State from time to time, acting on the advice of the Judicial Service Commission. (3) Judges of the Court of Appeal shall take seniority according to the respective dates of their first appointment as Judges of a superior Court in Samoa or in any approved country. (4) The Chief Justice, and in his absence, the most senior Judge of the Court of Appeal shall be President of the Court of Appeal, but, in his or her absence, the senior Judge of the Court present at the appeal or, if the Judges so present are of the same seniority, a Judge designated by the Chief Justice shall preside. (5) An appointment under the provisions of sub-clause (c) and (d) of clause (2) shall be for a period of time or for the trial or hearing of particular causes or matters, as may be specified in the instrument of appointment. 74. Number of Judges - (1) Any three (3) Judges of the Court of Appeal may exercise all the powers of the Court: PROVIDED THAT: (a) for every sitting of the Court of Appeal, the majority of Judges shall be retired Supreme Court Judges or Supreme Court Judges; and (b) in the interest of justice, one of the three (3) Court of Appeal Judges may be an overseas non Samoan Court of Appeal Judge appointed under subclause (2)(c) of Article 73; and (c) the Court may have its judgment delivered by any one of its members, and if there is no such member then through the Registrar of the Court of Appeal.