SUPREME COURT ACT 1935 - SECT 10
SUPREME COURT ACT 1935 - SECT 10
10 . Acting Chief Justice
(1) During any vacancy
in the office of Chief Justice, or when and so often as the Chief Justice is
absent on leave or in consequence of sickness, or for any reason is
temporarily unable to perform the duties of his office, then where no judge is
specifically appointed by a commission issued under subsection (3) to act in
the office of Chief Justice, all the duties and powers of the Chief Justice
shall during such vacancy, absence, or inability devolve upon the senior judge
in the General Division.
(2) In the case of the
absence or inability of the judge upon whom the powers and duties of the Chief
Justice devolve under subsection (1), such powers and duties shall during such
absence or inability devolve upon the judge in the General Division who is
next in seniority.
(3) Where the office
of Chief Justice is vacant or the Chief Justice is, or is expected to be,
absent or for any reason unable to perform the duties of his office, the
Governor by commission under the Public Seal of the State may appoint a judge
to act in the office of Chief Justice for such period as the Governor thinks
fit and specifies in the commission.
[Section 10 inserted: No. 7 of 1982 s. 4; amended:
No. 37 of 1989 s. 10; No. 45 of 2004 s. 8.]