Constitution of the Independent
State of Samoa
41
(2) The Judgment of the Court of Appeal shall be in
accordance with the opinion of the majority of the Judges present.
(3) A Judge of the Court of Appeal shall not sit on the hearing
of an appeal from any decision made by the Judge or by a Court
on which the Judge sat as a member.
(4) The decision of the Court of Appeal on any appeal from
the Supreme Court shall be final.
(5) Any two (2) Judges of the Court may exercise all the
powers of the Court of Appeal on the certificate of the President
of the Court that it is in the interests of justice that they should do
so.
75. Jurisdiction of Court of Appeal - (1) Except for Part IX
Land and Titles Court and subject to the provisions of this
Constitution, the Court of Appeal shall have jurisdiction to hear
and determine:
(a)
such appeals including proceedings removed by
order of the Supreme Court to the Court of
Appeal; and
(b)
all appeals from any judgment, decree, or order of
the Supreme Court whether in its civil or criminal
jurisdiction, under an Act; and
(c)
an appeal from any decision of the Supreme Court
in any proceedings under the provision of Article
4.
(2) Except for Part IX Land and Titles Court, an appeal shall
lie to the Court of Appeal from any decision of the Supreme
Court in any proceeding, if the Supreme Court certifies that the
case involves a substantial question of law as to the interpretation
or effect of any provision of this Constitution; and:
(a)
where such a certificate is given or such leave
granted, any party in the case may appeal to the
Court of Appeal on the ground that any such
question has been wrongly decided and, with the
leave of that Court, on any other ground; or
(b)
where the Supreme Court has refused to give such
a certificate, the Court of Appeal may, if it is
satisfied that the case involves a substantial
question of law as to the interpretation or effect of